The Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990

23.  In section 38—

(a) in subsection (1) the definitions of “authorised government department” and “drug trafficking offence” shall be omitted;

(b) in subsection (2) in the list of expressions and relevant provisions the entries for “Benefited from drug trafficking”, “Proceeds of drug trafficking” and “Value of proceeds of drug trafficking” shall be omitted, and for the words “Confiscation order” there shall be substituted the words “External confiscation order”;

(c) subsection (4) shall be omitted;

(d) at the end of subsection (5) the fullstop shall be omitted and there shall be added the words “, and whether received before or after the commencement of the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990 and whether received in connection with drug trafficking carried on by the recipient or some other person.”;

(e) for subsection (11), there shall be substituted the following:

“(11) Proceedings are instituted in a designated country when—

(a) under the law of the designated country concerned one of the steps specified in relation to that country in column 2 of the Appendix hereto (a) 1914 c. 59. has been taken there in respect of alleged drug trafficking by the defendant; or

(b) an application has been made to a court in a designated country for an external confiscation order,

and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.”; and

(f) in subsection (12)(b), for the words from “payment” to the end of the subsection there shall be substituted the words “the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise).”.