Part 2Notification and orders

Notification orders

99Sections 97 and 98: relevant offences

1

Relevant offence” in sections 97 and 98 means an act which—

a

constituted an offence under the law in force in the country concerned, and

b

would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.

2

An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.

3

Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

a

stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

b

showing his grounds for that opinion, and

c

requiring the applicant to prove that the condition is met.

4

The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (3).