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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) Order 1992 No. 1722 URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_19921722_en.html |
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Statutory Instruments
CRIMINAL LAW, ENGLAND AND WALES
Made
15th July 1992
Coming into force
25th July 1992
At the Court at Buckingham Palace, the 15th day of July 1992
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, 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) Order 1992 and shall come into force on the tenth day after the day on which it is made.
(2) In this Order "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 by inserting in alphabetical order the entries for those countries and territories specified in the Schedule to this Order.
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 Drug Trafficking Offences Act 1986 as modified by Schedule 2 to the principal Order) shall be amended as follows:
(a)after the entry relating to Anguilla, there shall be inserted the following-
| "Argentina | when a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence"; |
(b)after the entry relating to the Cayman Islands, there shall be inserted the following-
| "Germany | when a person is notified that he is accused of an offence and will be brought before a court"; |
(c)after the entry relating to Guernsey, there shall be inserted the following-
| "Guyana | when a charge has been laid against a person for an offence"; and |
(d)after the entry relating to the United States of America, there shall be inserted the following-
| "Uruguay | when criminal proceedings are instituted by a judicial authority". |
G. I. de Deney
Clerk of the Privy Council
Article 2
| Designated Country | Appropriate authority |
|---|---|
| Afghanistan | |
| Argentina | the Ministry of Foreign Affairs |
| Brazil | |
| Burma | |
| Cameroon | |
| Czechoslovakia | |
| Germany | |
| Greece | |
| Guyana | the Permanent Secretary, Ministry of Home Affairs |
| Honduras | |
| Hungary | |
| Ivory Coast | |
| Monaco | |
| Nepal | |
| Pakistan | |
| Peru | |
| Portugal | |
| Seychelles | |
| Sri Lanka | |
| Syria | |
| Uruguay | the Ministry of Education and Culture |
| Venezuela |
(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) 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.
Article 2 of this Order amends the list of designated countries in the 1990 Order to include Afghanistan, Argentina, Brazil, Burma, Cameroon, Czechoslovakia, Germany, Greece, Guyana, Honduras, Hungary, Ivory Coast, Monaco, Nepal, Pakistan, Peru, Portugal, Seychelles, Sri Lanka, Syria, Uruguay and Venezuela for the purposes of the 1986 Act. Article 3 makes consequential amendments to the 1990 Order.
By virtue of article 1(1) this Order comes into force on 25th July 1992.
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.
