SCHEDULES

SCHEDULE 25Proceeds of crime provisions: Northern Ireland

Part 1Civil recovery provisions

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 58(12)) includes—

a

provision conferring, removing or otherwise modifying a function (whether or not exercisable in, or in relation to, Northern Ireland);

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 does not prevent—

a

a further order from being made under that provision, or

b

an order from being made under any other provision of this Part of this Schedule.

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 paragraphs 3, 4 and 5.

6

In this paragraph—

  • “enactment” means any enactment, whenever passed or made, contained in—

    1. a

      an Act of Parliament;

    2. b

      an Act of the Scottish Parliament;

    3. c

      Northern Ireland legislation;

    4. d

      a Measure or Act of the National Assembly for Wales;

    5. e

      an instrument made under any such Act, legislation or Measure;

    6. 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 otherwise).