The United Nations (International Tribunal) (Former Yugoslavia) (Amendment) Order 2001

Enforcement of orders for the preservation or restitution of property

3.  Article 20 of the 1996 Order is amended as follows—

(a) for paragraphs (1) and (2) substitute—

“(1) This article applies where the Secretary of State receives from the International Tribunal—

(a) an order for provisional measures for the preservation and protection of property or the proceeds of property, or

(b) an order for the restitution of property or the proceeds of property.

(2) The Secretary of State shall—

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

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

(2A) If the Secretary of State so directs, the person appointed under paragraph (2) shall apply to a court for registration of the order for enforcement.

(2B) On the application of the appointed person the court shall register the order as a precondition of enforcement.

(2C) An order shall not be so registered unless the court is satisfied that the order is in force and not subject to appeal.

(2D) If the order has been partly complied with, the court shall register the order for enforcement only so far as it has not been complied with.

(2E) The registration of the order under this article shall be cancelled if the order is satisfied by other means.

(2F) A court may on the application of the appointed person vest in that person any property to which the order relates, to be disposed of in accordance with the directions of the Secretary of State.

(2G) That person shall transmit the proceeds to the Secretary of State, who shall transmit the proceeds to the International Tribunal.

(2H) The court shall not exercise its powers of enforcment or disposal in relation to any property unless it is satisfied—

(a) that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court, and

(b) that the exercise of the powers will not prejudice the rights of bona fide third parties.”;

(b) in paragraph (5), after the word “registration” in the first place where it occurs, insert the words “and enforcement”, and

(c) after paragraph (6) insert—

“(7) In the application of this article to Scotland for any reference to “the Secretary of State” there shall be substituted a reference to “the Scottish Ministers”.”.