|
|
| |
| | |
|
| (2) | In this paragraph “transferred provision” means provision which, if it |
|
| were contained in an Act of the Northern Ireland Assembly— |
|
| (a) | would be within the legislative competence of the Assembly, and |
|
| (b) | would deal with a transferred matter without being ancillary to |
|
| other provision (whether in the Act or previously enacted) which |
|
| deals with an excepted matter or reserved matter. |
|
| Orders under this Schedule: particular provision |
|
| 7 (1) | The provision that may be made by an order under paragraph 2, 3, 4 or |
|
| 5 (whether by virtue of that paragraph or section 39(12)) includes— |
|
| (a) | provision conferring, removing or otherwise modifying a |
|
| function (whether or not exercisable in, or in relation to, |
|
| |
| (b) | provision amending, repealing, revoking or otherwise |
|
| modifying any enactment (including an enactment contained in, |
|
| or amended by, this Act). |
|
| (2) | The making of an order under any provision of this Schedule does not |
|
| |
| (a) | a further order from being made under that provision, or |
|
| (b) | an order from being made under any other provision of this |
|
| |
| (3) | An order under paragraph 2 or 3 may modify or reverse the effects of an |
|
| order made under paragraph 4. |
|
| (4) | Sub-paragraphs (1) to (3) do not limit the powers conferred by |
|
| paragraphs 2, 3, 4 and 5. |
|
| (5) | In this paragraph “function” includes— |
|
| |
| (b) | a function of the Secretary of State. |
|
| |
| 8 | Expressions used in this Schedule and in Part 1 of this Act have the same |
|
| meanings in this Schedule as in that Part. |
|
| 9 | For the purposes of this Schedule, each of the provisions of this Act |
|
| specified in the following table (including any amendment, repeal or |
|
| revocation made by such a provision) is a “relevant NCA provision”. |
|
| The relevant NCA provisions |
| | | | | —subsection (2)(a) so far as it requires consultation |
| | | | | with the Department of Justice in Northern Ireland |
| | | | | —subsection (6)(a) so far as it requires consultation |
| | | | | with the Department of Justice in Northern Ireland
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | —paragraph 6(2)(b)(ii), (4) and (5)
|
| | | | | | | | | | —paragraph 1(2) so far as it imposes a duty on:
|
| | | | | (a) a member of the Police Service of Northern |
| | | | | | | | | | | | | | | (b) a person operating in Northern Ireland who |
| | | | | | | | | | | | | | | —paragraph 3 so far as it relates to the Chief |
| | | | | Constable of the Police Service of Northern Ireland
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | —in paragraph 11(9), the definitions of “Northern |
| | | | | Ireland general authorisation” and “Northern Ireland |
| | | | | operational authorisation”
|
| | | | | | | | | | —in paragraph 30, the definition of “powers and |
| | | | | privileges of a Northern Ireland constable” |
| | | | | | | | | | —the provisions of Part 2 and Part 3 so far as they |
| | | | | relate to transferred matters |
| | |
|
|
| |
|
|
| |
| | |
|
| “Proceeds of crime provisions: Northern Ireland |
|
| |
| Civil recovery provisions |
|
| Meaning of “relevant civil recovery provision” |
|
| 1 | For the purposes of this Part of this Schedule, each of the following is a |
|
| “relevant civil recovery provision”— |
|
| (a) | section (Civil recovery of the proceeds etc of unlawful conduct)(2), (3), |
|
| |
| (b) | section (Civil recovery of the proceeds etc of unlawful conduct)(7) so |
|
| far as it relates to amendments made by section (Civil recovery of |
|
| the proceeds etc of unlawful conduct)(2), (3) and (5) and Part 2 of |
|
| Schedule (Proceeds of crime: civil recovery of the proceeds etc of |
|
| |
| (c) | each provision in Schedule (Proceeds of crime: civil recovery of the |
|
| proceeds etc of unlawful conduct); |
|
| (d) | each amendment or repeal made by the provisions mentioned in |
|
| |
| Relevant civil recovery provisions not to extend to Northern Ireland unless order made |
|
| 2 (1) | The relevant civil recovery provisions do not extend to Northern Ireland. |
|
| (2) | But that is subject to paragraph 3. |
|
| Power to provide for relevant civil recovery provisions to extend to Northern Ireland |
|
| 3 | The Secretary of State may, by order, provide for one or more of the |
|
| relevant civil recovery provisions to extend to Northern Ireland. |
|
| Relevant civil recovery provision extending to Northern Ireland |
|
| 4 (1) | The Secretary of State may, by order, make such provision as the |
|
| Secretary of State considers appropriate in consequence of, or in |
|
| connection with, a relevant civil recovery provision extending to |
|
| |
| (2) | An order under this paragraph may, in particular— |
|
| (a) | provide for section 282A of the Proceeds of Crime Act 2002 to |
|
| have effect in relation to orders made by the High Court in |
|
| |
| (b) | provide for an enforcement authority in relation to Northern |
|
| Ireland to make requests for assistance under section 282B of that |
|
| |
| (c) | provide for a receiver appointed under an order made by the |
|
| High Court in Northern Ireland to make requests for assistance |
|
| under section 282C of that Act; |
|
| (d) | provide for the High Court in Northern Ireland or a receiver |
|
| appointed by an order made by that court to make requests for |
|
| assistance under section 282D of that Act; |
|
|
| |
|
|
| |
| | |
|
| (e) | provide for an enforcement authority or trustee for civil recovery |
|
| to make a request for assistance under section 282F of that Act |
|
| where a recovery order has been made by the High Court in |
|
| |
| (f) | provide for section 316(8B) of that Act to have effect in relation to |
|
| an enforcement authority in relation to Northern Ireland. |
|
| Relevant civil recovery provision not extending to Northern Ireland |
|
| 5 | The Secretary of State may, by order, make such provision as the |
|
| Secretary of State considers appropriate in consequence of, or in |
|
| connection with, a relevant civil recovery provision not extending to |
|
| |
| Consent of Northern Ireland Assembly to transferred provision |
|
| 6 (1) | The Secretary of State may not make an order under this Part of this |
|
| Schedule which makes transferred provision unless the Northern |
|
| Ireland Assembly consents to the making of that provision. |
|
| (2) | In this paragraph “transferred provision” means provision which, if it |
|
| were contained in an Act of the Northern Ireland Assembly— |
|
| (a) | would be within the legislative competence of the Assembly, and |
|
| (b) | would deal with a transferred matter without being ancillary to |
|
| other provision (whether in the Act or previously enacted) which |
|
| deals with an excepted or reserved matter. |
|
| (3) | In sub-paragraph (2)— |
|
| “ancillary” has the meaning given in section 6(3) of the Northern |
|
| |
| “excepted matter”, “reserved matter” and “transferred matter” have |
|
| the meanings given by section 4(1) of the Northern Ireland Act |
|
| |
| Orders under this Part of this Schedule: particular provision |
|
| 7 (1) | The provision that may be made by an order under paragraph 3, 4 or 5 |
|
| (whether by virtue of that paragraph or section 39(12)) includes— |
|
| (a) | provision conferring, removing or otherwise modifying a |
|
| function (whether or not exercisable in, or in relation to, |
|
| |
| (b) | provision amending, repealing, revoking or otherwise |
|
| modifying any enactment (including an enactment contained in, |
|
| or amended by, this Act). |
|
| (2) | Such an order may provide for provision amending, repealing or |
|
| otherwise modifying Chapter 2 or 4 of Part 5 of the Proceeds of Crime |
|
| Act 2002 to have retrospective effect. |
|
| (3) | The making of an order under any provision of this Part of this Schedule |
|
| |
| (a) | a further order from being made under that provision, or |
|
| (b) | an order from being made under any other provision of this Part |
|
| |
|
| |
|
|
| |
| | |
|
| (4) | An order under paragraph 3 or 4 may modify or reverse the effects of an |
|
| order made under paragraph 5. |
|
| (5) | Sub-paragraphs (1) to (4) do not limit the powers conferred by |
|
| |
| |
| “enactment” means any enactment, whenever passed or made, |
|
| |
| (a) | an Act of Parliament; |
|
| (b) | an Act of the Scottish Parliament; |
|
| (c) | Northern Ireland legislation; |
|
| (d) | a Measure or Act of the National Assembly for Wales; |
|
| (e) | an instrument made under any such Act, legislation or |
|
| |
| (f) | any other subordinate legislation (within the meaning of the |
|
| Interpretation Act 1978); |
|
| “function” means a function of any description, including a power |
|
| or duty (whether conferred by an enactment or arising |
|
| |
| |
| |
| Meaning of “relevant investigation provision” |
|
| 8 | For the purposes of this Part of this Schedule, each of the following is a |
|
| “relevant investigation provision”— |
|
| (a) | each provision in paragraphs 2 to 13, 25 to 27, 29 and 30 of |
|
| Schedule (Proceeds of crime: investigations) (including each |
|
| amendment or repeal made by those provisions), and |
|
| (b) | section (Investigations) so far as it relates to each of those |
|
| |
| Relevant investigation provisions not to extend to Northern Ireland unless order made |
|
| 9 (1) | The relevant investigation provisions do not extend to Northern Ireland. |
|
| (2) | But that is subject to paragraph 10. |
|
| Power to provide for relevant investigation provisions to extend to Northern Ireland |
|
| 10 | The Secretary of State may, by order, provide for one or more of the |
|
| relevant investigation provisions to extend to Northern Ireland. |
|
| Relevant investigation provision extending to Northern Ireland |
|
| 11 | The Secretary of State may, by order, make such provision as the |
|
| Secretary of State considers appropriate in consequence of, or in |
|
| connection with, a relevant investigation provision extending to |
|
| |
|
| |
|
|
| |
| | |
|
| Relevant investigation provision not extending to Northern Ireland |
|
| 12 | The Secretary of State may, by order, make such provision as the |
|
| Secretary of State considers appropriate in consequence of, or in |
|
| connection with, a relevant investigation provision not extending to |
|
| |
| Consent of Northern Ireland Assembly to transferred provision |
|
| 13 (1) | The Secretary of State may not make an order under this Part of this |
|
| Schedule which makes transferred provision unless the Northern |
|
| Ireland Assembly consents to the making of that provision. |
|
| (2) | In this paragraph “transferred provision” means provision which, if it |
|
| were contained in an Act of the Northern Ireland Assembly— |
|
| (a) | would be within the legislative competence of the Assembly, and |
|
| (b) | would deal with a transferred matter without being ancillary to |
|
| other provision (whether in the Act or previously enacted) which |
|
| deals with an excepted matter or a reserved matter. |
|
| (3) | In sub-paragraph (2)— |
|
| “ancillary” has the meaning given in section 6(3) of the Northern |
|
| |
| “excepted matter”, “reserved matter” and “transferred matter” have |
|
| the meanings given by section 4(1) of the Northern Ireland Act |
|
| |
| Orders under this Part of this Schedule: particular provision |
|
| 14 (1) | The provision that may be made by an order under paragraph 10, 11 or |
|
| 12 (whether by virtue of that paragraph or section 39(12)) includes— |
|
| (a) | provision conferring, removing or otherwise modifying a |
|
| function (whether or not exercisable in, or in relation to, |
|
| |
| (b) | provision amending, repealing, revoking or otherwise |
|
| modifying any enactment (including an enactment contained in, |
|
| or amended by, this Act). |
|
| (2) | The making of an order under any provision of this Part of this Schedule |
|
| |
| (a) | a further order from being made under that provision, or |
|
| (b) | an order from being made under any other provision of this Part |
|
| |
| (3) | An order under paragraph 10 or 11 may modify or reverse the effects of |
|
| an order made under paragraph 12. |
|
| (4) | Sub-paragraphs (1) to (3) do not limit the powers conferred by |
|
| paragraphs 10, 11 and 12. |
|
| |
| “enactment” means any enactment, whenever passed or made, |
|
| |
| (a) | an Act of Parliament; |
|
|
| |