SCHEDULES

SCHEDULE 3Forfeiture: consequential amendments

Section 39

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

1

In Article 5(3) of the Proceeds of Crime (Northern Ireland) Order 1996, after “section 23” insert “ or 23A ”.

Terrorism Act 2000 (c. 11)

2

In section 54 of the Terrorism Act 2000, omit subsections (7) to (9).

3

In section 58 of that Act, omit subsections (5) to (7).

4

In section 119(1) of that Act for “sections 15 to 23” substitute “ sections 15 to 23A ”.

5

(1)

Schedule 4 to that Act is amended as follows.

(2)

In paragraph 1—

(a)

in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b)

after the definition of “forfeited property” insert—

““relevant offence” means—

(a)

an offence under any of sections 15 to 18,

(b)

an offence to which section 23A applies, or

(c)

in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered).”.

(3)

In paragraph 2(1)(d) for “section 23(7)” substitute “ section 23B(1) ”.

(4)

In paragraph 4(2)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(5)

In paragraph 5(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(6)

In paragraph 6(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(7)

Omit the heading before paragraph 9.

(8)

In paragraph 9(2)—

(a)

in the opening words, for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b)

in paragraphs (a), (b) and (c), for “an offence under any of those sections” substitute “ a relevant offence ”.

(9)

In paragraph 10(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(10)

In paragraph 12 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(11)

In paragraph 15—

(a)

in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b)

after the definition of “forfeited property” insert—

““relevant offence” means—

(a)

an offence under any of sections 15 to 18,

(b)

an offence to which section 23A applies, or

(c)

in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered).”.

(12)

In paragraph 16(1)(c) and (4)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(13)

In paragraph 18(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(14)

In paragraph 19(3A)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(15)

Omit the heading before paragraph 23.

(16)

In paragraph 23(2)—

(a)

in the opening words for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b)

in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “ a relevant offence ”.

(17)

In paragraph 24(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(18)

In paragraph 26 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(19)

In paragraph 29—

(a)

in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b)

after the definition of “forfeited property” insert—

““relevant offence” means—

(a)

an offence under any of sections 15 to 18, or

(b)

an offence to which section 23A applies.”.

(20)

In paragraph 30(1)(d) for “section 23(7)” substitute “ section 23B(1) ”.

(21)

In paragraph 32(2)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(22)

In paragraph 33(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(23)

In paragraph 34(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(24)

In paragraph 38(4), in the definition of “prosecutor” for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(25)

Omit the heading before paragraph 39.

(26)

In paragraph 39(2)—

(a)

in the opening words for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b)

in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “ a relevant offence ”.

(27)

In paragraph 40(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(28)

In paragraph 42 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(29)

In paragraph 45, in paragraph (a) of the definition of “forfeiture order” after “section 23” insert “ or 23A ”.

6

In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c) and 34(2)(c) after “section 23” insert “ or 23A ”.

Proceeds of Crime Act 2002 (c. 29)

7

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 13(3)(d) after “section 23” insert “ or 23A ”.

(3)

In section 82(e) after “section 23” insert “ , 23A ”.

(4)

In section 97(3)(d) after “section 23” insert “ or 23A ”.

(5)

In section 148(e) after “section 23” insert “ , 23A ”.

(6)

In section 163(3)(d) after “section 23” insert “ or 23A ”.

(7)

In section 230(e) after “section 23” insert “ , 23A ”.