Drug Trafficking Act 1994

37 Recognition and enforcement of orders and functions under Part I of the Criminal Justice (Scotland) Act 1987. E+W

[F1 (1) Her Majesty may by Order in Council make such provision as Her Majesty considers expedient for the purpose [F2 in connection with a drug trafficking offence within the meaning of the Proceeds of Crime (Scotland) Act 1995]—

(a) of enabling property in England and Wales which is realisable property for the purposes of [F3 that Act] to be used or realised for the payment of any amount payable under a confiscation order made under [F4 that Part of]that Act; and

(b) of securing that, where no confiscation order has been made under [F4 that Part of]that Act, property in England and Wales which is realisable property for the purposes of [F4 that Part of] that Act is available, in the event that such an order is so made, to be used or realised for the payment of any amount payable under it.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, an Order in Council under this section may—

(a) provide that, subject to any specified conditions—

(i) the functions of a person appointed under [F5 Schedule 1 to the Proceeds of Crime (Scotland) Act 1995], and

(ii) such descriptions of orders made under or for the purposes of [F6 Part I of]that Act as may be specified,

shall have effect in the law of England and Wales;

(b) make provision—

(i) for the registration in the High Court of such descriptions of orders made under or for the purposes of [F4 that Part of] that Act as may be specified; and

(ii) for the High Court to have, in relation to the enforcement of orders made under or for the purposes of [F4 that Part of]that Act which are so registered, such powers as may be specified; and

(c) make provision as to the proof in England and Wales of orders made under or for the purposes of [F4 that Part of] that Act.

(3) In subsection (2) above “specified” means specified in an Order in Council under this section.

(4) An Order in Council under this section may amend or apply, with or without modifications, any enactment.

(5) An Order in Council under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.

(6) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Ss. 1-54 repealed (30.12.2002 for the repeal of ss. 42-48; 24.2.2003 for the repeal of ss. 49-54; 24.3.2003 for the repeal ss. 1-38, 41) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 457, 458(1), Sch. 11 para. 25(1)(2)(a), Sch. 12; S.I. 2002/3015, art. 2, Sch. (with art. 3); S.I. 2003/120, art. 2, Sch. (with arts. 3-6) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13); and ss. 26, 28 amended (13.10.2003) in so far as still in force by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 32, Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F2 Words in s. 37(1) inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 94(6)(a)(i)

F3 Words in s. 37(1)(a) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 94(6)(a)(ii)

F4 Words in s. 37 ceased to have effect (1.4.1996) by virtue of 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 94 (6)(a)(iii)(b)(ii) and the said words in s. 37 expressed to be repealed (for Scotland only) (1.4.1996) by 1995 c. 40, ss. 6(1), 7(2)(3), Sch. 5 (with s. 3, Sch. 3 paras. 1, 3)

F5 Words in s. 37(2)(a)(i) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 94(6)(b)(i)

F6 Words in s. 37(2)(a)(ii) ceased to have effect (1.4.1996) by virtue of 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 94(6)(b)(i) and the said words in s. 37 expressed to be repealed (for Scotland only) (1.4.1996) by 1995 c. 40, ss. 6(1), 7(2)(3), Sch. 5 (with s. 3, Sch. 3 paras. 1, 3)