The Terrorism Act 2000 (Enforcement of External Orders) Order 2001

PART IV: ENFORCEMENT OF EXTERNAL ORDERS IN NORTHERN IRELAND

Application of this Part

21.  This Part applies for the purpose of enabling the enforcement in Northern Ireland of external orders.

Representation of government of a designated country

22.  A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Director of Public Prosecutions for Northern Ireland, or the Crown Solicitor for Northern Ireland, to act on its behalf in proceedings pursuant to this Part of this Order.

Registration of external forfeiture orders

23.—(1) On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if—

(a) it is satisfied that at the time of registration the order is in force and not subject to appeal,

(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and

(c) it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.

(2) In paragraph (1) above, “appeal” includes—

(a) any proceedings by way of discharging or setting aside a judgement, and

(b) an application for a new trial or a stay of execution.

Registration of external restraint orders

24.—(1) On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if—

(a) it is satisfied that at the time of registration the order is in force, and

(b) it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.

(2) An external restraint order may only be registered where—

(a) proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in those proceedings, or

(b) proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.

Implementation of registered external forfeiture orders

25.—(1) If an external forfeiture order is registered in the High Court under article 23(1) above, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 31 of that Schedule applies accordingly) but any reference in the said paragraph 30(1) to “the proper officer” shall, for the purposes of this article, mean the appropriate officer of the High Court.

(2) After making any payment required by virtue of paragraph 30(1)(d) or 22 of Schedule 4 to the 2000 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of such an order made under paragraph (1) above shall be paid into or disposed for the benefit of the Consolidated Fund.

Statutory provisions applicable where external restraint order has been registered

26.  Paragraphs 35 and 38 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the High Court under article 24(1) above as they apply to a restraint order and the High Court shall have the like power to make an order under section 21 of the Administration of Justice Act 1969(1) (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

Enforcement of registered external orders

27.—(1) Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 23 or 24 above—

(a) the High Court shall have, in relation to its enforcement, the same power,

(b) proceedings for or with respect to its enforcement may be taken, and

(c) proceedings for or with respect of any contravention of such an order (whether before or after such registration) may be taken,

as if the order had originally been made in the High Court.

(2) The High Court may, additionally, for the purpose of—

(a) assisting the achievement in Northern Ireland of the purposes of an external order, or

(b) assisting any receiver or other person directed by any such order to sell or otherwise dispose of the property,

make such orders or do otherwise as seems to it appropriate.

(1)

1969 c. 58.