the acceptance by a credit institution of deposits or other repayable funds from the public, or the granting by a credit institution of credits for its own account;

the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance;

the provision of investment services or the performance of investment activities by a person F47(other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)) whose regular occupation or business is the provision to other persons of an investment service or the performance of an investment activity on a professional basis;

the marketing or other offering of units or shares by a collective investment undertaking;

the activities of an insurance intermediary as defined in F48Article 2.1(3), and an ancillary insurance intermediary as defined in Article 2.1(4), of the Insurance Distribution Directive, in respect of contracts of long-term insurance within the meaning given by article 3(1) of, and Part II of Schedule 1 to, the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

the carrying on of any of the activities mentioned in paragraphs (b) to (f) by a branch located in F49the United Kingdom of a person referred to in those paragraphs (or of an equivalent person in any other State), wherever its head office is located;

the activities of the National Savings Bank;

any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of Savings;

the carrying on of statutory audit work within the meaning of section 1210 of the Companies Act 2006 (meaning of “statutory auditor” etc ) by any firm or individual who is a statutory auditor within the meaning of Part 42 of that Act (statutory auditors);

the carrying on of local audit work within the meaning of Schedule 5 to the Local Audit and Accountability Act 2014 (eligibility and regulation of local auditors) by any firm or individual who is a local auditor within the meaning of section 4(1) of that Act (general requirements for audit);

the activities of a person appointed to act as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 (meaning of “act as insolvency practitioner”) or article 3 of the Insolvency (Northern Ireland) Order 1989;

the provision to other persons of accountancy services by a firm or sole practitioner who by way of business provides such services to other persons;

the provision of F52material aid, or assistance or advice, in connection with the tax affairs of other persons by a firm or sole practitioner, whether provided directly or through a third party, if the firm or sole practitioner by way of business provides (as the case may be) aid, assistance or advice in connection with the tax affairs of other persons;

the provision to other persons by way of business by a firm or sole practitioner of any of the services mentioned in sub-paragraph (4);

the carrying on of estate agency work F53or letting agency work, F54... by a firm or a sole practitioner who carries on, or whose employees carry on, such work;

the trading in goods (including dealing as an auctioneer) whenever a transaction involves the F55making or receipt of a payment or payments in cash of at least F5610,000 euros in total, whether the transaction is executed in a single operation or in several operations which appear to be linked, by a firm or sole trader who by way of business trades in goods;

operating a casino under a casino operating licence (within the meaning given by section 65(2) of the Gambling Act 2005 (nature of licence)).

the auctioning by an auction platform of two-day spot or five-day futures, within the meanings given by Article 3 of the Emission Allowance Auctioning Regulation.

bidding directly, on behalf of clients, in auctions of emissions allowances in accordance with the Emission Allowance Auctioning Regulation.

the carrying on of activities by a firm or individual when acting as a cryptoasset exchange provider or custodian wallet provider.

a credit institution as defined in F60Article 4(1)(1) of the Capital Requirements Regulation; or

a branch (within the meaning of F61Article 4(1)(17) of that Regulation) located in F62the United Kingdom of an institution falling within paragraph (a) (or of an equivalent institution in any other State) wherever its head office is located.

forming companies or other legal persons;

providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

publishing advertisements or disseminating information;

providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;

providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other;

the provision of legal or notarial services by a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication.

“cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;

in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset.

the issuing of withdrawable share capital within the limit set by F72section 24 of the Co-operative and Community Benefit Societies Act 2014 (maximum interest in a society's withdrawable shares) , or the acceptance of deposits from the public within the limit set by F73section 67(2) of that Act (carrying on of banking by societies), by a society registered under that Act;

the issuing of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (maximum shareholding in society), or the acceptance of deposits from the public within the limit set by section 7(3) of that Act (carrying on of banking by societies), by a society registered under that Act;

the carrying on of any activity in respect of which a person who is (or falls within a class of persons) specified in any of paragraphs 2 to 23, F7426 to 38 or 40 to 49 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 is exempt;

the exercise of the functions specified in section 45 of the Financial Services Act 1986 (miscellaneous exemptions) by a person who was an exempted person for the purposes of that section immediately before its repeal;F75...

the engaging in financial activity which fulfils all of the conditions set out in paragraphs (a) to (g) of sub-paragraph (3) of this paragraph by a person whose main activity is that of a high value dealer; F76...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the carrying on by a local authority (within the meaning given in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001) of an activity which would be a regulated activity for the purposes of the Financial Services and Markets Act 2000 but for article 72G of that Order; or

the preparation of a home report, which for these purposes means the documents prescribed for the purposes of sections 98, 99(1) or 101(2) of the Housing (Scotland) Act 2006.

the person's total annual turnover in respect of the financial activity does not exceed F79£100,000;

the financial activity is limited in relation to any customer to no more than one transaction exceeding 1,000 euros, whether the transaction is carried out in a single operation, or a series of operations which appear to be linked;

the financial activity does not exceed 5% of the person's total annual turnover;

the financial activity is ancillary to the person's main activity and directly related to that activity;

the financial activity is not the transmission or remittance of money (or any representation of monetary value) by any means;

the main activity of the person carrying on the financial activity is not an activity mentioned in paragraph 1(1)(a) to (p) or (r) F80to (t) ; and

the financial activity is provided only to customers of the person's main activity and is not offered to the public.

the Auditor General for Scotland;

the Auditor General for Wales;

the Bank of England F81(acting otherwise than in its capacity as the Prudential Regulation Authority) ;

the Comptroller and Auditor General;

the Comptroller and Auditor General for Northern Ireland;

the Official Solicitor to the Supreme Court, when acting as trustee in his official capacity; or

the Treasury Solicitor.

require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;

direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within F105section 23B(1).

which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

which he would be entitled to take if the property were forfeited property, and

which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

where the forfeiture order is made by a magistrates’ court, the F106designated officer for that court,

where the forfeiture order is made by the Crown Court and the defendant was committed to the Crown Court by a magistrates’ court, the F106designated officer for the magistrates’ court, and

where the forfeiture order is made by the Crown Court and the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the M15Administration of Justice (Miscellaneous Provisions) Act 1933, the F106designated officer for the magistrates’ court for the place where the trial took place.

the prosecutor in the proceedings in which the forfeiture order was made,

the defendant in those proceedings, or

a person whom the court heard under F107section 23B(1) before making the order.

the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

any such offence is taken into consideration by the court in determining sentence,

any forfeited money, and

the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

proceedings have been instituted in England and Wales for F110a relevant offence,

the proceedings have not been concluded,

an application for a restraint order is made to the High Court by the prosecutor, and

a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

a criminal investigation has been started in England and Wales with regard to F110a relevant offence,

an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and

it appears to the High Court that a forfeiture order may be made in any proceedings for the offence.

if no proceedings in respect of F115relevant offences are instituted within such time as the High Court considers reasonable, and

if all proceedings in respect of F115relevant offences have been concluded.

shall apply in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances, and F117, except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders

shall apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

do not result in conviction for F121a relevant offence,

result in conviction for F121a relevant offence in respect of which the person convicted is subsequently pardoned by Her Majesty, or

result in conviction for F121a relevant offence which is subsequently quashed.

that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

that the person in default was or was acting as a member of a police force, or was a member of the Crown Prosecution Service or was acting on behalf of the Service,

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met, and

where the person in default was a member of the Crown Prosecution Service, or was acting on behalf of the Service, by the Director of Public Prosecutions.

a forfeiture order or a restraint order is made in or in relation to proceedings for F122a relevant offence, and

the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5).

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

when a justice of the peace issues a summons or warrant under section 1 of the M17Magistrates’ Courts Act 1980 in respect of the offence;

when a person is charged with the offence after being taken into custody without a warrant;

when a bill of indictment charging a person with the offence is preferred by virtue of section 2(2)(b) of the M18Administration of Justice (Miscellaneous Provisions) Act 1933.

when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

the provisions of this paragraph, and

any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

for cancelling or varying the registration of a Scottish, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in England and Wales or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

for cancelling or varying the registration of a Scottish, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

paragraph 3 shall apply accordingly,

any functions of F126the designated officer for a magistrates' court shall be exercised by the appropriate officer of the High Court, and

after making any payment required by virtue of paragraph 2(1)(d) or 3, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid by him to the Secretary of State.

paragraphs 7 and 8 shall apply as they apply to a restraint order under paragraph 5, and

the High Court shall have power to make an order under section 33 of the M19F127Senior Courts Act 1981(extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for a Scottish, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, and

proceedings for or with respect to 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.

assisting the achievement in England and Wales of the purposes of a Scottish, Northern Ireland or Islands order, or

assisting a receiver or other person directed by a Scottish, Northern Ireland or Islands order to sell or otherwise dispose of property.

a document purporting to be a copy of a Scottish, Northern Ireland or Islands order and to be certified as such by a proper officer of the court by which it was made, and

a document purporting to be a certificate for purposes corresponding to those of paragraph 4(2) and (3) and to be certified by a proper officer of the court concerned.

which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

which makes relevant provision.

provision for the forfeiture of terrorist property (“an external forfeiture order”), or

provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

for matters corresponding to those for which provision is made by, or can be made under, paragraph 13(1) to (8) in relation to the orders to which that paragraph applies;

for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

may make different provision for different cases, and

shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct;

appoint an administrator to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property and to realise it in such manner as the court may direct;

direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid to a specified person falling within F132section 23B(1).

the prosecutor in the proceedings in which a forfeiture order is made,

the accused in those proceedings, or

a person whom the court heard under F132section 23B(1) before making the order,

which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

which he would be entitled to take if the property were forfeited property, and

which he takes reasonably believing that he is entitled to take because of his belief that the property is forfeited property.

the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

any such offence is taken into consideration by the court in determining sentence,

any forfeited money, and

the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

proceedings have been instituted in Scotland for F134a relevant offence,

the proceedings have not been concluded, and

a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence.

a criminal investigation has been instituted in Scotland with regard to F134a relevant offence, and

it appears to the Court of Session that a forfeiture order may be made in any proceedings for the offence.

if no proceedings in respect of F139relevant offences are instituted within such time as the Court of Session considers reasonable, and

if all proceedings in respect of F139relevant offences have been concluded.

shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly;

shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the register of inhibitions and adjudications.

apply for the recall, or as the case may be restriction, of the inhibition or arrestment accordingly; and

ensure that recall, or restriction, of an inhibition on such application is reflected in the register of inhibitions and adjudications.

do not result in conviction for an F142a relevant offence,

result in conviction for F142a relevant offence s in respect of which the person convicted is subsequently pardoned by Her Majesty, or

result in conviction for F142a relevant offence which is subsequently quashed.

that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

that the person in default was a constable of a police force or a constable acting with the powers of such a constable, or was a procurator fiscal or was acting on behalf of the Lord Advocate,

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or the restraint order, and

having regard to all the circumstances, it is appropriate to order compensation to be paid.

where the person in default was a constable of a police force, F143by the Scottish Police Authority ;

where the person in default was a constable other than is mentioned in paragraph (a) above, but with the powers of such a constable, by the body under whose authority he acts; and

where the person in default was a procurator fiscal or was acting on behalf of the Lord Advocate, by the Lord Advocate.

a forfeiture order or a restraint order is made in or in relation to proceedings for F144a relevant offence, and

the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5) as applied by section 8(1).

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

when a person is arrested for the offence,

when a warrant to arrest or cite a person is granted,

when an indictment or complaint is served on a person in respect of the offence.

when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies, or

when (disregarding any power of a court to extend the period within which an appeal may be made) there is no further possibility of a forfeiture order being made in the proceedings.

the provisions of this paragraph, and

any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in Scotland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies,

for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

paragraphs 20 and 21 above shall apply as they apply to a restraint order, and

the Court of Session shall have the like power to make an order under section 1 of the M22Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents, &c.) in relation to proceedings brought or likely to be brought for an England and Wales, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the Court of Session.

the Court of Session shall have, in relation to its enforcement, the same power,

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

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

assisting the achievement in Scotland of the purposes of an England and Wales order, Northern Ireland order or Islands order, or

assisting any receiver or other person directed by any such order to sell or otherwise dispose of property.

a document purporting to be a copy of an England and Wales order, Northern Ireland order or Islands order and to be certified as such by a proper officer of the court by which it was made, and

a document purporting to be a certificate for purposes corresponding to those of paragraph 16(4) and to be certified by a proper officer of the court concerned.

which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

which makes relevant provision.

provision for the forfeiture of terrorist property (“an external forfeiture order”); or

provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced,

for matters corresponding to those for which provision is made by, or can be made under, paragraph 27(1) to (8) in relation to the orders to which that paragraph applies, and

for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

may make different provision for different cases, and

shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

require any of the forfeited property to be paid or handed over to the proper officer or to a member of the Royal Ulster Constabulary designated for the purpose by the Chief Constable;

direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within F151section 23B(1).

which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

which he would be entitled to take if the property were forfeited property, and

which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

where the forfeiture order is made by a court of summary jurisdiction, the clerk of petty sessions, and

where the forfeiture order is made by the Crown Court, the appropriate officer of the Crown Court.

the prosecutor in the proceedings in which the forfeiture order was made,

the defendant in those proceedings, or

a person whom the court heard under F152section 23B(1) before making the order.

the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

any such offence is taken into consideration by the court in determining sentence,

any forfeited money, and

the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

proceedings have been instituted in Northern Ireland for F154a relevant offence,

the proceedings have not been concluded,

an application for a restraint order is made to the High Court by the prosecutor, and

a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

a criminal investigation has been started in Northern Ireland with regard to F154a relevant offence,

an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and

it appears to the High Court that a forfeiture order may be made in any proceedings for the offence.

if no proceedings in respect of F159relevant offences are instituted within such time as the High Court considers reasonable, and

if all proceedings in respect of F159relevant offences have been concluded.

on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum, or to both.

do not result in conviction for F165a relevant offence,

result in conviction for F165a relevant offence in respect of which the person convicted is subsequently pardoned by Her Majesty, or

result in a conviction for F165a relevant offence which is subsequently quashed.

that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

that the person in default was or was acting as a member of the Royal Ulster Constabulary, or was a F166member of staff of the Public Prosecution Service for Northern Ireland,

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

where the person in default was or was acting as a member of the Royal Ulster Constabulary, out of funds put at the disposal of the Chief Constable under section 10(5) of the M29Police (Northern Ireland) Act 1998, and

where the person in default was a F167member of staff of the Public Prosecution Service for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland.

a forfeiture order or a restraint order is made in or in relation to proceedings for F168a relevant offence, and

the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5), as applied by section 8(2).

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

when a summons or warrant is issued under Article 20 of the M30Magistrates’ Courts (Northern Ireland) Order 1981 in respect of the offence;

when a person is charged with the offence after being taken into custody without a warrant;

when an indictment charging a person with the offence is presented under section 2(2)(c), (e) or (f) of the M31Grand Jury (Abolition) Act (Northern Ireland) 1969.

when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

the provisions of this paragraph, and

any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

for cancelling or varying the registration of an England and Wales, Scottish or Islands forfeiture order when effect has been given to it, whether in Northern Ireland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

for cancelling or varying the registration of an England and Wales, Scottish or Islands restraint order which has been discharged or varied by the court by which it was made.

paragraph 31 shall apply accordingly,

any functions of the clerk of petty sessions or the appropriate officer of the Crown Court shall be exercised by the appropriate officer of the High Court, and

after making any payment required by virtue of paragraph 30(1)(d) or 31, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid into the Consolidated Fund.

paragraphs 35 and 38 shall apply as they apply to a restraint order under paragraph 33, and

the High Court shall have the like power to make an order under section 21 of the M32Administration of Justice Act 1969 (extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for an England and Wales, Scottish or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, and

proceedings for or with respect to 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.

assisting the achievement in Northern Ireland of the purposes of an England and Wales, Scottish or Islands order, or

assisting any receiver or other person directed by any such order to sell or otherwise dispose of property.

a document purporting to be a copy of an England and Wales, Scottish or Islands order and to be certified as such by a proper officer of the court by which it was made, and

a document purporting to be a certificate for purposes corresponding to those of paragraph 32(2) and (3) and to be certified by a proper officer of the court concerned.

which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

which makes relevant provision.

provision for the forfeiture of terrorist property (“an external forfeiture order”), or

provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

for matters corresponding to those for which provision is made by, or can be made under, paragraph 43(1) to (8) in relation to the orders to which that paragraph applies;

for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

may make different provision for different cases, and

shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

the money to which the order applies, and

the money which represents any property to which the order applies.

in England and Wales, it is paid to the Lord Chancellor in accordance with F175section 38 of the Courts Act 2003 (application of receipts of designated officers) or to the Secretary of State in accordance with paragraph 13(5)(c),

in Scotland, it is paid to the Treasury in accordance with section 211(5) of the M33Criminal Procedure (Scotland) Act 1995 (as modified by paragraph 16(3)), or

in Northern Ireland, it is paid into the Consolidated Fund in accordance with paragraph 32(4) or 43(5)(c).

before or after a forfeiture order is made, the commencement of an insolvency occurs in qualifying insolvency proceedings,

an insolvency practitioner would, but for the forfeiture order, exercise a function in those proceedings in relation to property to which the forfeiture order applies, and

he gives written notice to the relevant officer of the matters referred to in paragraphs (a) and (b) before the end of the period of six months beginning with the making of the forfeiture order.

the property in relation to which the insolvency practitioner would, but for the forfeiture order, exercise a function as described in sub-paragraph (1)(b), and

the proceeds of sale of that property.

shall cease to be subject to the forfeiture order and any ancillary order, and

shall be dealt with in the insolvency proceedings as if the forfeiture order had never been made.

the property to which sub-paragraph (3) applies is the balance remaining after the relevant officer has exercised his powers under paragraph 50(1), and

sub-paragraph (3) shall not take effect in respect of property in relation to which the relevant officer, or any person acting in pursuance of an ancillary order, has incurred obligations until those obligations have been discharged.

the making of a bankruptcy order,

the award of sequestration,

in England and Wales or in Northern Ireland, in the case of the insolvent estate of a deceased person, the making of an insolvency administration order, or

in the case of a company, the passing of a resolution for its winding up, or where no such resolution has been passed, the making of an order by the court for the winding up of the company.

shall rank after the debts of all other creditors, and

shall not be paid until they have been paid in full with interest under the relevant provision.

in relation to the winding up of a company in England and Wales or Scotland, section 189(2) of the M34Insolvency Act 1986,

in relation to a bankruptcy in England and Wales, section 328(4) of that Act,

in relation to the winding up of a company in Northern Ireland, Article 160(2) of the M35Insolvency (Northern Ireland) Order 1989, and

in relation to a bankruptcy in Northern Ireland, Article 300(4) of that Order.

the bankruptcy order is annulled, or

the award of sequestration is recalled or reduced.

the relevant court shall make an order specifying property comprised in the estate of the bankrupt or debtor to the amount or value of the property, and

the specified property shall become subject to the forfeiture order, and any applicable ancillary order, in place of the property.

the court which ordered the annulment of the bankruptcy, or

the court which recalled or reduced the award of sequestration.

deduct allowable forfeiture expenses from that money;

retain so much of that property as he considers necessary for the purpose of realising it and deducting allowable forfeiture expenses from the proceeds of realisation.

a person who has incurred allowable forfeiture expenses for which provision has not been made shall have a claim to their value in the insolvency proceedings, and

the expenses in question shall be treated for the purposes of the insolvency proceedings as if they were expenses of those proceedings.

means expenses incurred in relation to the forfeited property by the relevant officer,

means expenses incurred in relation to the forfeited property by a receiver, administrator or other person appointed by the relevant officer,

means expenses incurred in relation to the forfeited property by any person appointed or directed to deal with any property under paragraph 16, and

includes sums paid or required to be paid under paragraph 2(1)(d), 16(1)(c) or 30(1)(d).

he reasonably believes that he is entitled to do so in the exercise of his functions, and

he would be so entitled if the property were not subject to a forfeiture order or a restraint order.

for such of his expenses as were incurred in connection with the insolvency proceedings in relation to which the seizure or disposal purported to take place, and

for so much of his remuneration as may be reasonably assigned for his acting in connection with those proceedings.

the reference in section 388(2)(a) to a permanent or interim trustee in the sequestration of a debtor’s estate shall be taken to include a reference to a trustee in sequestration,

section 388(5) shall be disregarded, and

the expression shall also include the Official Receiver acting as receiver or manager of property.

Article 3(5) shall be disregarded, and

the expression shall also include the Official Receiver acting as receiver or manager of property.

property situated in England and Wales,

property situated in Scotland, or

property situated in Northern Ireland,

under sub-paragraph (1)(a) with the concurrence of the Lord Chancellor;

under sub-paragraph (1)(b).

may be made by the Department of Enterprise, Trade and Investment in Northern Ireland,

shall be a statutory rule for the purposes of the M40Statutory Rules (Northern Ireland) Order 1979, and

shall be subject to negative resolution within the meaning of section 41(6) of the M41Interpretation (Northern Ireland) Act 1954.

provision which modifies the rights under this Part of this Schedule which are to be conferred under the order;

provision as to the manner in which the rights conferred under the order are to be exercised;

provision as to the conditions subject to which those rights are to be exercised, including the obtaining of leave from a court;

provision for empowering a court granting such leave to impose such conditions as it thinks fit.

a liquidator of a company or partnership,

a trustee in bankruptcy,

the F178trustee or interim trustee in the sequestration of a debtor’s estate,

an administrator of the insolvent estate of a deceased person, or

a receiver or manager of any property.

any proceedings under the M43Insolvency Act 1986 or the M44Insolvency (Northern Ireland) Order 1989 for the winding up of a company or an unregistered company and includes any voluntary winding up of a company under Part IV of that Act or Part V of that Order,

any proceedings in England and Wales or Northern Ireland under or by virtue of section 420 of the M45Insolvency Act 1986 or Article 364 of the M46Insolvency (Northern Ireland) Order 1989 for the winding up of an insolvent partnership,

any proceedings in bankruptcy or, in Scotland, any sequestration of a debtor’s estate, or

any proceedings in England and Wales or in Northern Ireland under or by virtue of section 421 of the M47Insolvency Act 1986 or Article 365 of the M48Insolvency (Northern Ireland) Order 1989 in relation to the insolvent estate of a deceased person.

where the forfeiture order in question is made by a court in England and Wales, the proper officer within the meaning given in paragraph 4,

where the forfeiture order in question is made by a court in Northern Ireland, the proper officer within the meaning given in paragraph 32, and

in any other case, the appropriate officer of the High Court.

where the forfeiture order in question is made by a court in Scotland, the clerk of the court,

in any other case, the Principal Clerk of Session and Justiciary.

to enter F179premises mentioned in sub-paragraph (2A) ,

to search the premises and any person found there, and

to seize and retain any relevant material which is found on a search under paragraph (b).

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

it must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed.

the seizure and retention of items subject to legal privilege, or

a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

that the warrant is sought for the purposes of a terrorist investigation,

that there are reasonable grounds for believing that there is material on F181premises to which the application relates which is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation and which does not consist of or include excepted material (within the meaning of paragraph 4 below), and

that the issue of a warrant is likely to be necessary in the circumstances of the case F182, and

in the case of an application for an all premises warrant, that it is not reasonably practicable to specify in the application all the premises which the person so specified occupies or controls and which might need to be searched.

the application is made by a police officer of at least the rank of superintendent,

the application does not relate to residential premises, and

the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).

the application is made by a police officer of at least the rank of superintendent, and

the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).

in respect of premises which are not residential premises, and

within the period of 24 hours beginning with the time when the warrant is issued.

to enter the premises specified in the authority,

to search the premises and any person found there, and

to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).

on one or more occasions, and

at any time during the period when the designation of the cordoned area under section 33 has effect.

the seizure and retention of items subject to legal privilege;

a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

does not consist of or include excepted material.

imprisonment for a term not exceeding three months,

a fine not exceeding level 4 on the standard scale, or

both.

to produce to F188an appropriate officer within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;

to give F189an appropriate officer access to any material of the kind mentioned in paragraph (a) within a specified period;

to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).

an order may specify a person only if he appears to the Circuit judge to have in his possession, custody or power any of the material to which the application relates, and

a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

a constable, or

a counter-terrorism financial investigator.

that the material to which the application relates consists of or includes excluded material or special procedure material,

that it does not include items subject to legal privilege, and

that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of that material.

the order is sought for the purposes of a terrorist investigation, and

there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

to the benefit likely to accrue to a terrorist investigation if the material is obtained, and

to the circumstances under which the person concerned has any of the material in his possession, custody or power.

material consisting of or including excluded or special procedure material which is expected to come into existence within the period of 28 days beginning with the date of the order;

a person who the Circuit judge thinks is likely to have any of the material to which the application relates in his possession, custody or power within that period.

the order shall require the specified person to notify a named F192appropriate officer (as defined in paragraph 5(6)) as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power,

the reference in paragraph 5(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in paragraph (a) above which comes into his possession, custody or power, and

the reference in paragraph 5(3)(c) to the specified period shall be taken as a reference to the period of 28 days beginning with the date of the order.

may only specify a person falling within sub-paragraph (1)(b), and

shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

shall not confer any right to production of, or access to, items subject to legal privilege, and

shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

an order under paragraph 5(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and

an order under paragraph 5(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.

it shall be served as if the proceedings were civil proceedings against the department, and

it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with the order.

to enter F195premises mentioned in sub-paragraph (3A),

to search the premises and any person found there, and

to seize and retain any relevant material which is found on a search under paragraph (b).

the seizure and retention of items subject to legal privilege;

a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

the conditions in sub-paragraphs (3) and (4) are satisfied.

that an order made under paragraph 5 has not been complied with, and

that the person specified in the application is also specified in the order.

that there is material on premises to which the application relates which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

that the conditions in sub-paragraphs (3) and (4) are met.

the warrant is sought for the purposes of a terrorist investigation, and

the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

it is not practicable to communicate with any person entitled to produce the material,

it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to F200premises to which the application for the warrant relates , or

a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

seized in pursuance of a warrant under paragraph 1 or 11, or

produced or made available to a constable under paragraph 5.

may be made orally or in writing, and

may be used in evidence against him only on a prosecution for an offence under paragraph 14.

makes a statement which he knows to be false or misleading in a material particular, or

recklessly makes a statement which is false or misleading in a material particular.

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

that the case is one of great emergency, and

that immediate action is necessary.

imprisonment for a term not exceeding three months,

a fine not exceeding level 4 on the standard scale, or

both.

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

the authority which may be given by a search warrant under paragraph 1;

the authority which may be given by a search warrant under paragraph 11.

it appears to the Secretary of State that the information which it would be necessary to provide to the court in support of an application for a warrant would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56, and

the order is made for the purposes of an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56.

that there are reasonable grounds for believing that there is material on the premises which is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and which does not consist of or include excepted material, and

that the authority of an order is likely to be necessary in the circumstances of the case.

there is material on the premises which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege,

the material is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and

an order under paragraph 5 would not be appropriate in relation to the material for the reason mentioned in paragraph 12(4)(a) or (b) or because the investigation mentioned in sub-paragraph (2)(b) might be seriously prejudiced unless a constable can secure immediate access to the material.

imprisonment for a term not exceeding three months,