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Domestic freezing orders: certification | |
41B (1) If any of the property to which an application for a restraint order | |
relates is property in a participating country, the applicant may | |
ask the High Court to make a certificate under this paragraph. | |
(2) The High Court may make a certificate under this paragraph if— | 5 |
(a) it makes a restraint order in relation to property in the | |
participating country, and | |
(b) it is satisfied that there is a good arguable case that the | |
property is likely to be used for the purposes of a listed | |
offence or is the proceeds of the commission of a listed | 10 |
offence. | |
(3) A certificate under this paragraph is a certificate which— | |
(a) is made for the purposes of the relevant Framework | |
Decision, and | |
(b) gives the specified information. | 15 |
(4) If the High Court makes a certificate under this paragraph— | |
(a) the restraint order must provide for notice of the certificate | |
to be given to the person affected by it, and | |
(b) paragraph 34(2) to (4) applies to the certificate as it apples | |
to the restraint order. | 20 |
Sending domestic freezing orders | |
41C (1) If a certificate is made under paragraph 41B, the restraint order | |
and the certificate are to be sent to the Secretary of State for | |
forwarding to— | |
(a) a court exercising jurisdiction in the place where the | 25 |
property is situated, or | |
(b) any authority recognised by the government of the | |
participating country as the appropriate authority for | |
receiving orders of that kind. | |
(2) The restraint order and the certificate must be accompanied by a | 30 |
forfeiture order, unless the certificate indicates when the court | |
expects a forfeiture order to be sent. | |
(3) The certificate must include a translation of it into an appropriate | |
language of the participating country (if that language is not | |
English). | 35 |
(4) The certificate must be signed by or on behalf of the court and | |
must include a statement as to the accuracy of the information | |
given in it. | |
The signature may be an electronic signature. | |
(5) If the restraint order and the certificate are not accompanied by a | 40 |
forfeiture order, but a forfeiture order is subsequently made, it is | |
to be sent to the Secretary of State for forwarding as mentioned in | |
sub-paragraph (1). | |
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Overseas freezing orders | |
41D (1) Paragraph 41E applies where an overseas freezing order made by | |
an appropriate court or authority in a participating country is | |
received by the Secretary of State from the court or authority | |
which made or confirmed the order. | 5 |
(2) An overseas freezing order is an order prohibiting dealing with | |
property— | |
(a) which is in the United Kingdom, | |
(b) which the appropriate court or authority considers is likely | |
to be used for the purposes of a listed offence or is the | 10 |
proceeds of the commission of such an offence, and | |
(c) in respect of which an order has been or may be made by a | |
court exercising criminal jurisdiction in the participating | |
country for the forfeiture of the property, | |
and in respect of which the following requirements of this | 15 |
paragraph are met. | |
(3) The action which the appropriate court or authority considered | |
would constitute or, as the case may be, constituted the listed | |
offence is action done as an act of terrorism or for the purposes of | |
terrorism. | 20 |
(4) The order must relate to— | |
(a) criminal proceedings instituted in the participating | |
country, or | |
(b) a criminal investigation being carried on there. | |
(5) The order must be accompanied by a certificate which gives the | 25 |
specified information; but a certificate may be treated as giving | |
any specified information which is not given in it if the Secretary | |
of State has the information in question. | |
(6) The certificate must— | |
(a) be signed by or on behalf of the court or authority which | 30 |
made or confirmed the order, | |
(b) include a statement as to the accuracy of the information | |
given in it, | |
(c) if it is not in English, include a translation of it into English. | |
The signature may be an electronic signature. | 35 |
(7) The order must be accompanied by an order made by a court | |
exercising criminal jurisdiction in that country for the forfeiture of | |
the property, unless the certificate indicates when such an order is | |
expected to be sent. | |
(8) An appropriate court or authority in a participating country in | 40 |
relation to an overseas freezing order is— | |
(a) a court exercising criminal jurisdiction in the country, | |
(b) a prosecuting authority in the country, | |
(c) any other authority in the country which appears to the | |
Secretary of State to have the function of making such | 45 |
orders. | |
(9) References in paragraphs 41E to 41G to an overseas freezing order | |
include its accompanying certificate. | |
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Enforcement of overseas freezing orders | |
41E (1) Where this paragraph applies the Secretary of State must send a | |
copy of the overseas freezing order to the High Court and to the | |
Director of Public Prosecutions for Northern Ireland. | |
(2) The court is to consider the overseas freezing order on its own | 5 |
initiative within a period prescribed by rules of court. | |
(3) Before giving effect to the overseas freezing order, the court must | |
give the Director an opportunity to be heard. | |
(4) The court may decide not to give effect to the overseas freezing | |
order only if, in its opinion, giving effect to it would be | 10 |
incompatible with any of the Convention rights (within the | |
meaning of the Human Rights Act 1998). | |
41F The High Court may postpone giving effect to an overseas | |
freezing order in respect of any property— | |
(a) in order to avoid prejudicing a criminal investigation | 15 |
which is taking place in the United Kingdom, or | |
(b) if, under an order made by a court in criminal proceedings | |
in the United Kingdom, the property may not be dealt | |
with. | |
41G (1) Where the High Court decides to give effect to an overseas | 20 |
freezing order, it must— | |
(a) register the order in that court, | |
(b) provide for notice of the registration to be given to any | |
person affected by it. | |
(2) For the purpose of enforcing an overseas freezing order registered | 25 |
in the High Court, the order is to have effect as if it were an order | |
made by that court. | |
(3) Paragraph 35 applies to an overseas freezing order registered in | |
the High Court as it applies to a restraint order under paragraph | |
33. | 30 |
(4) The High Court may cancel the registration of the order, or vary | |
the property to which the order applies, on an application by the | |
Director of Public Prosecution for Northern Ireland or any other | |
person affected by it, if or to the extent that— | |
(a) the court is of the opinion mentioned in paragraph 41E(4), | 35 |
or | |
(b) the court is of the opinion that the order has ceased to have | |
effect in the participating country. | |
(5) Her Majesty may by Order in Council make further provision for | |
the enforcement in Northern Ireland of registered overseas | 40 |
freezing orders. | |
(6) An Order in Council under this paragraph— | |
(a) may make different provision for different cases, | |
(b) is not to be made unless a draft of it has been laid before | |
and approved by resolution of each House of Parliament.” | 45 |
8 In paragraph 44 of that Schedule (enforcement of orders made in designated | |
countries), in sub-paragraph (2), after the second “order” there is inserted | |
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“(other than an overseas freezing order within the meaning of paragraph | |
41D)”. | |
9 In Part 4 of that Schedule (insolvency), in paragraph 45, at the end of | |
paragraph (c) of the definition of “restraint order” there is inserted “or an | |
order which is enforceable in England and Wales, Scotland or Northern | 5 |
Ireland by virtue of paragraph 11G, 25G or 41G”. | |
Schedule 5 | |
Section 90 | |
Minor and consequential amendments | |
The Internationally Protected Persons Act 1978 (c. 17) | |
1 The Internationally Protected Persons Act 1978 is amended as follows. | 10 |
2 In section 2 (supplementary provisions), in subsections (1) and (2), for “and | |
the United Nations Personnel Act 1997” there is substituted “, the United | |
Nations Personnel Act 1997 and the Terrorism Act 2000”. | |
The Suppression of Terrorism Act 1978 (c. 26) | |
3 The Suppression of Terrorism Act 1978 is amended as follows. | 15 |
4 In section 4 (jurisdiction in respect of offences committed outside United | |
Kingdom), in subsections (4) and (5), for “and the United Nations Personnel | |
Act 1997” there is substituted “, the United Nations Personnel Act 1997 and | |
the Terrorism Act 2000”. | |
The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1)) | 20 |
5 The Road Traffic (Northern Ireland) Order 1981 is amended as follows. | |
6 In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after | |
“Road Traffic Orders” there is inserted “or Chapter 1 of Part 3 of the Crime | |
(International Co-operation) Act 2003”. | |
The Nuclear Material (Offences) Act 1983 (c. 18) | 25 |
7 The Nuclear Material (Offences) Act 1983 is amended as follows. | |
8 In section 3 (supplemental), in subsections (1) and (2), for “and the United | |
Nations Personnel Act 1997” there is substituted “, the United Nations | |
Personnel Act 1997 and the Terrorism Act 2000”. | |
The Child Abduction Act 1984 (c. 37) | 30 |
9 The Child Abduction Act 1984 is amended as follows. | |
10 In section 11 (consequential amendments and repeals), in subsection (3), | |
after “the Internationally Protected Persons Act 1978” there is inserted “and | |
sections 63B(2) and 63C(2) of the Terrorism Act 2000”. | |
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The Criminal Justice Act 1987 (c. 38) | |
11 The Criminal Justice Act 1987 is amended as follows. | |
12 In section 2 (investigation powers of Director of Serious Fraud Office)— | |
(a) in subsection (1A), for paragraph (b) there is substituted— | |
“(b) the Secretary of State acting under section 15(2) of the | 5 |
Crime (International Co-operation) Act 2003, in | |
response to a request received by him from a person | |
mentioned in section 13(2) of that Act (an “overseas | |
authority”).”, | |
(b) in subsection (8A), for the words from “furnished” to the end there is | 10 |
substituted “given to the overseas authority which requested it or | |
given to the Secretary of State for forwarding to that overseas | |
authority)”, | |
(c) subsection (8B) is omitted, | |
(d) in subsection (8C), for “transmitted” (in both places) there is | 15 |
substituted “forwarded”, | |
(e) in subsection (18), “(8B)” is omitted. | |
The Road Traffic Act 1988 (c. 52) | |
13 The Road Traffic Act 1988 is amended as follows. | |
14 In section 88 (exceptions to offence under section 87)— | 20 |
(a) in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” | |
there is substituted “section 4 of or paragraph 6 or 9”, | |
(b) in subsection (1B)( a), after “Road Traffic Acts” there is inserted “or | |
Chapter 1 of Part 3 of the Crime (International Co-operation) Act | |
2003”. | 25 |
15 In section 92 (requirements as to physical fitness of drivers), in subsection | |
(7D), after “99D” there is inserted “or 109C”. | |
16 In section 94A (driving after refusal or revocation of licence), in subsection | |
(1)— | |
(a) in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted | 30 |
“section 93”, | |
(b) in paragraph (a)(iii)— | |
(i) after “section 99C(1) or (2)” there is inserted “or 109B”, | |
(ii) after “Community licence” there is inserted “or Northern | |
Ireland licence”, | 35 |
(c) in paragraph (b)(ii), at the end there is inserted “or Northern Ireland | |
licence”. | |
17 In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or | |
paragraph 6(1) or 9(1)” there is substituted “section 4 of or paragraph 6 or 9”. | |
18 In section 100 (appeals relating to licences), in subsection (1)— | 40 |
(a) in paragraph (c), after “99(3)” there is inserted “or (3A)”, | |
(b) for “or 99C” there is substituted “, 99C or 109B”. | |
19 In section 105 (regulations)— | |
(a) in subsection (2)— | |
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(i) in paragraph (a), after “this Act,” there is inserted “Northern | |
Ireland licences,”, | |
(ii) in paragraph (b)(iii), after “this Act” there is inserted “, of | |
Northern Ireland licences”, | |
(iii) in paragraph (ea), after “counterparts” (in the first place) | 5 |
there is inserted “of Northern Ireland licences or” and after | |
“counterparts” (in the second place) there is inserted “of | |
Northern Ireland licences or (as the case may be)”, | |
(iv) in paragraph (f), before “Community licences” there is | |
inserted “Northern Ireland licences or”, | 10 |
(b) in subsection (5), for “, 91A and” there is substituted “and 91ZA to”. | |
20 In section 107 (service of notices), for “99B or 99E” there is substituted “99B, | |
99E or 109A”. | |
21 In section 108 (interpretation), in subsection (1)— | |
(a) in the definition of “counterpart”, the “and” at the end of paragraph | 15 |
(a) is omitted and after that paragraph there is inserted— | |
“(aa) in relation to a Northern Ireland licence, has the | |
meaning given by section 109A of this Act (except in | |
the definition of “Northern Ireland counterpart” | |
below), and”, | 20 |
(b) in the definition of “Northern Ireland driving licence” and “Northern | |
Ireland licence”, at the end there is inserted “and “Northern Ireland | |
counterpart” means the document issued with the Northern Ireland | |
licence as a counterpart under the law of Northern Ireland”. | |
22 In section 109 (provisions as to Northern Ireland drivers’ licences)— | 25 |
(a) in subsection (1), after “Great Britain,” there is inserted “in | |
accordance with that licence,”, | |
(b) in subsection (2), paragraph (b) and the “and” preceding it are | |
omitted, | |
(c) subsections (3) to (5) are omitted. | 30 |
23 In section 164 (power of constables to require production of driving licence | |
etc.)— | |
(a) in subsection (3)— | |
(i) in paragraph (a), before “the Secretary of State” there is | |
inserted “a person is required to deliver his licence and its | 35 |
counterpart to the Secretary of State under section 63 of the | |
Crime (International Co-operation) Act 2003 or”, | |
(ii) in paragraph (a)(iii), after “99C” there is inserted “, 109B”, | |
(iii) in paragraph (b), after “99C” there is inserted “, 109B” and | |
after “or 118” there is inserted “or section 63 of the Crime | 40 |
(International Co-operation) Act 2003”, | |
(b) in subsection (11)— | |
(i) in the definition of “licence”, after “this Act” there is inserted | |
“, a Northern Ireland licence”, | |
(ii) after ““counterpart”,” there is inserted ““Northern Ireland | 45 |
licence”,”. | |
24 In section 167 (power of arrest for constable in Scotland), before | |
“Community licence” there is inserted “Northern Ireland licence or”. | |
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25 In section 173 (forgery of documents, etc.)— | |
(a) in subsection (2)(aa), after “counterpart of a” there is inserted | |
“Northern Ireland licence or”, | |
(b) in subsection (4), for “and “Community licence”” there is substituted | |
“, “Community licence” and “Northern Ireland licence””. | 5 |
26 In section 176 (power to seize certain articles)— | |
(a) in subsection (1A), before “Community licence” (in both places) there | |
is inserted “Northern Ireland licence or”, | |
(b) in subsection (3A), after “such licence or” there is inserted “of a | |
Northern Ireland licence or”, | 10 |
(c) in subsection (8), for “and “Community licence”” there is substituted | |
“, “Community licence” and “Northern Ireland licence””. | |
27 In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for | |
“91A,” there is substituted “91ZA to”. | |
The Road Traffic Offenders Act 1988 (c. 53) | 15 |
28 The Road Traffic Offenders Act 1988 is amended as follows. | |
29 In section 3 (restriction on institution of proceedings for certain offences), in | |
subsection (2A), after “99D” there is inserted “or 109C”. | |
30 In section 26 (interim disqualification), in subsection (10), for the words from | |
“and 91A(5)” to “licences)” there is substituted “, 91ZA(7) and 91A(5) of this | 20 |
Act”. | |
31 In section 98 (general interpretation), in subsection (1)— | |
(a) in the definition of “the provisions connected with the licensing of | |
drivers”, for “91A,” there is substituted “91ZA to”, | |
(b) for “and “EEA State”” there is substituted “, “EEA State” and | 25 |
“Northern Ireland licence””. | |
32 In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act | |
apply)— | |
(a) in the entry for section 94(3) of the Road Traffic Act 1988, in column | |
1, at the end there is inserted “or 109C”, | 30 |
(b) in the entry for section 94(3A) of that Act, in column 1, at the end | |
there is inserted “or 109C(c)”, | |
(c) in the entry for section 94A of that Act, in column 2, at the end there | |
is inserted “or 109B”, | |
(d) in the entry for section 99B(11) of that Act— | 35 |
(i) in column 1, at the end there is inserted “and that subsection | |
as applied by RTA section 109A(5)”, | |
(ii) in column 2, at the end there is inserted “or a requirement | |
under section 99B(6) or (7) as applied by section 109A(5)”. | |
33 In Schedule 2 (prosecution and punishment of offences)— | 40 |
(a) in the entry for section 94(3) of the Road Traffic Act 1988, in column | |
2, at the end there is inserted “or 109C”, | |
(b) in the entry for section 94(3A) of that Act, in column 2, at the end | |
there is inserted “or 109C(c)”, | |
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