Part 11 U.K.Co-operation

443 Enforcement in different parts of the United KingdomU.K.

(1)Her Majesty may by Order in Council make provision—

(a)for an order made by a court under Part 2 to be enforced in Scotland or Northern Ireland;

(b)for an order made by a court under Part 3 to be enforced in England and Wales or Northern Ireland;

(c)for an order made by a court under Part 4 to be enforced in England and Wales or Scotland;

(d)for an order made under Part 8 in one part of the United Kingdom to be enforced in another part;

(e)for a warrant issued under Part 8 in one part of the United Kingdom to be executed in another part.

(2)Her Majesty may by Order in Council make provision—

(a)for a function of a receiver appointed in pursuance of Part 2 to be exercisable in Scotland or Northern Ireland;

(b)for a function of an administrator appointed in pursuance of Part 3 to be exercisable in England and Wales or Northern Ireland;

(c)for a function of a receiver appointed in pursuance of Part 4 to be exercisable in England and Wales or Scotland.

(3)An Order under this section may include—

(a)provision conferring and imposing functions on the prosecutor and the Director;

(b)provision about the registration of orders and warrants;

(c)provision allowing directions to be given in one part of the United Kingdom about the enforcement there of an order made or warrant issued in another part;

(d)provision about the authentication in one part of the United Kingdom of an order made or warrant issued in another part.

(4)An Order under this section may—

(a)amend an enactment;

(b)apply an enactment (with or without modifications).

Commencement Information

I1S. 443 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

446 Rules of courtU.K.

Rules of court may make such provision as is necessary or expedient to give effect to an Order in Council made under this Part (including provision about the exercise of functions of a judge conferred or imposed by the Order).

Commencement Information

I2S. 446 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

Valid from 24/03/2003

447 InterpretationU.K.

(1)An external request is a request by an overseas authority to prohibit dealing with relevant property which is identified in the request.

(2)An external order is an order which—

(a)is made by an overseas court where property is found or believed to have been obtained as a result of or in connection with criminal conduct, and

(b)is for the recovery of specified property or a specified sum of money.

(3)An external investigation is an investigation by an overseas authority into—

(a)whether property has been obtained as a result of or in connection with criminal conduct, or

(b)whether a money laundering offence has been committed.

(4)Property is all property wherever situated and includes—

(a)money;

(b)all forms of property, real or personal, heritable or moveable;

(c)things in action and other intangible or incorporeal property.

(5)Property is obtained by a person if he obtains an interest in it.

(6)References to an interest, in relation to property other than land, include references to a right (including a right to possession).

(7)Property is relevant property if there are reasonable grounds to believe that it may be needed to satisfy an external order which has been or which may be made.

(8)Criminal conduct is conduct which—

(a)constitutes an offence in any part of the United Kingdom, or

(b)would constitute an offence in any part of the United Kingdom if it occurred there.

(9)A money laundering offence is conduct carried out in a country or territory outside the United Kingdom and which if carried out in the United Kingdom would constitute any of the following offences—

(a)an offence under section 327, 328 or 329;

(b)an attempt, conspiracy or incitement to commit an offence specified in paragraph (a);

(c)aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a).

(10)An overseas court is a court of a country or territory outside the United Kingdom.

(11)An overseas authority is an authority which has responsibility in a country or territory outside the United Kingdom—

(a)for making a request to an authority in another country or territory (including the United Kingdom) to prohibit dealing with relevant property,

(b)for carrying out an investigation into whether property has been obtained as a result of or in connection with criminal conduct, or

(c)for carrying out an investigation into whether a money laundering offence has been committed.

(12)This section applies for the purposes of this Part.