The Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) (No. 2) Order 1993

Statutory Instruments

1993 No. 3158

CRIMINAL LAW, ENGLAND AND WALES

The Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) (No. 2) Order 1993

Made

16th December 1993

Laid before Parliament

10th January 1994

Coming into force

1st February 1994

At the Court at Buckingham Palace, the 16th day of December 1993

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 26 of the Drug Trafficking Offences Act 1986(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) (No. 2) Order 1993 and shall come into force on 1st February 1994.

(2) In this Order “the Act” means the Drug Trafficking Offences Act 1986 and “the principal Order” means the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990(2).

2.  Schedule 1 to the principal Order shall be amended as follows—

(a) by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for a country or territory) and the removal of the entry specifying the appropriate authority for Switzerland; and

(b) by the insertion opposite the entry for Switzerland, of the following entry—

“Office federal de la police”.

3.  The Appendix set out at the end of Schedule 3 to the principal Order (which defines the institution of proceedings for the purposes of paragraph (a) of section 38(11) of the Act as modified by Schedule 2 to the principal Order) shall be amended by the insertion, after the entry relating to Montserrat, of the following—

“Netherlands

(a) when a pre–trial financial investigation has been initiated; (b) when the provisional measure has been ordered by an investigating magistrate; (c) when a public prosecutor has requested a pre–trial criminal investigation by an investigating magistrate to be instituted; (d) when a public prosecutor has laid an indictment”.

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE DESIGNATED COUNTRIES

Designated country	Appropriate authority
Armenia
Azerbaijan
Bosnia and Herzegovina
Brunei
Colombia	the Fiscalia General de la Nacion
Croatia
Dominica
Dominican Republic
El Salvador
Macedonia
Mauritania
Netherlands	Afdeling Internationale Rechtshulp
Slovakia
Zambia
Zimbabwe

Explanatory Note

(This note is not part of the Order)

This Order amends the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990 (S.I. 1990/1199) (“the principal Order”) which provides that, subject to certain modifications, the Drug Trafficking Offences Act 1986 applies to an order made by a court in a designated country or territory for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value, and to proceedings which have been or are to be instituted in a designated country or territory and may result in such an order being made there.

This Order makes amendments in respect of the countries and territories to which the principal Order applies.

(1)

1986 c. 32; relevant amendments are made by the Criminal Justice (Scotland) Act 1987 (c. 41), section 70 and Schedule 2, the Criminal Justice Act 1988 (c. 33), section 103 and Schedule 5, the Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4), section 25(1) and Schedule 8, the Criminal Justice (International Co– operation) Act 1990 (c. 5) section 31(1) and (2) and Schedule 4 and the Criminal Justice Act 1993 (c. 36), section 21.

(2)

S.I. 1990/1199, amended by S.I. 1991/1465, 1992/1722 and 1993/1792.