The International Criminal Court Act 2001 (Enforcement of Fines, Forfeiture and Reparation Orders) Regulations 2001

Statutory Instruments

2001 No. 2379

INTERNATIONAL CRIMINAL COURT, ENGLAND AND WALES

INTERNATIONAL CRIMINAL COURT, NORTHERN IRELAND

The International Criminal Court Act 2001 (Enforcement of Fines, Forfeiture and Reparation Orders) Regulations 2001

Made

29th June 2001

Laid before Parliament

4th July 2001

Coming into force

1st August 2001

In exercise of the powers conferred on him by section 49 of the International Criminal Court Act 2001(1), the Secretary of State hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the International Criminal Court Act 2001 (Enforcement of Fines, Forfeiture and Reparation Orders) Regulations 2001 and shall come into force on 1st August 2001.

(2) These Regulations extend to England and Wales and Northern Ireland.

Interpretation

2.  In these Regulations references to “the Order” have the same meaning as in section 49 of the International Criminal Court Act 2001, that is to say,

(a) a fine or forfeiture ordered by the International Criminal Court (“the ICC”), or

(b) an order by the ICC against a person convicted by the ICC specifying a reparation to, or in respect of, a victim.

Person appointed to act for ICC

3.  On receipt of the Order the Secretary of State may,

(a) appoint a person to act on behalf of the ICC for the purposes of enforcing the Order, and

(b) give such directions to the appointed person as appear to him necessary.

Registration of Order

4.—(1) If the Secretary of State so directs, the person appointed under regulation 3(a) shall apply to a court in England and Wales or Northern Ireland for registration of the Order for enforcement.

(2) On the application of the person so appointed the court shall register the Order as a pre-condition of enforcement.

(3) The registration of the Order under this regulation shall be cancelled if the Order is satisfied by other means.

Effect of registration

5.  For the purposes of enforcement of the Order when registered,

(a) the Order has the same force and effect;

(b) the same powers are exercisable in relation to its enforcement, and

(c) proceedings for its enforcement may be taken in the same way,

as if the Order were an order of a court in England and Wales or Northern Ireland.

Disposal of Property

6.—(1) A court may, on the application of the person appointed under regulation 3(a), vest in him any property to which the Order relates, to be disposed of in accordance with the directions of the Secretary of State.

(2) That person shall account to the Secretary of State for the proceeds of disposal.

(3) The Secretary of State shall transmit the proceeds to the ICC.

Recovery of Costs

7.  The reasonable costs of, and incidental to, the registration and enforcement of the Order shall be recoverable as if they were sums recoverable under the Order.

John Denham

Minister of State, Home Office

29th June 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the enforcement in England, Wales and Northern Ireland of fines and forfeitures ordered by the International Criminal Court and of orders by that court against convicted persons specifying reparations to, or in respect of, victims.

(1)

2001 c. 17.