No versions valid at: 01/01/2014
Point in time view as at 01/01/2014. This version of this cross heading contains provisions that are not valid for this point in time.
Terrorism Act 2000, Cross Heading: Enforcement of overseas freezing orders is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 03/12/2014
Textual Amendments
F1Sch. 4 Pt. 3 paras. 41A-41G and cross-headings inserted (prosp.) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94(1), Sch. 4 para. 7
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.U.K.
(2)The court is to consider the overseas freezing order on its own 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 incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).
41FU.K.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 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.
F241G(1)Where the High Court decides to give effect to an overseas freezing order, it must—U.K.
(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 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.
(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 Prosecutions 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), 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 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.]
Textual Amendments
F2Sch. 4 paras. 41A-41G and cross-headings inserted (3.12.2014) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 4 para. 7; S.I. 2014/3192, art. 2(b)
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