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2002 No. 3133

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002

  Made 17th December 2002 
  Laid before Parliament 6th January 2003 
  Coming into force 24th February 2003 

At the Court at Buckingham Palace, the 17th day of December 2002

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 443 of the Proceeds of Crime Act 2002[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 



PART I

INTRODUCTION

Title and commencement
     1. This Order may be cited as the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 and shall come into force on 24th February 2003.

Interpretation
    
2. In this Order - 

but does not include an order made in proceedings for the enforcement, in England and Wales, of an order made under or for the purposes of the provisions listed above;

but does not include an order made in proceedings for the enforcement, in England and Wales, of an order made under or for the purposes of the provisions listed above;

but does not include an order made in proceedings for the enforcement, in Northern Ireland, of an order made under or for the purposes of the provisions listed above;

but does not include an order made in proceedings for the enforcement, in Northern Ireland, of an order made under or for the purposes of the provisions listed above;

but does not include an order made in proceedings for the enforcement, in Scotland, of an order made under or for the purposes of the provisions listed above;

but does not include an order made in proceedings for the enforcement, in Scotland, of an order made under or for the purposes of the provisions listed above.



PART II

ENFORCEMENT OF SCOTTISH AND NORTHERN IRELAND ORDERS IN ENGLAND AND WALES

Restraint orders
    
3.  - (1) Any Northern Ireland restraint order or Scottish restraint order has effect in England and Wales.

    (2) Proceedings for or with respect to the enforcement or contravention of a Northern Ireland restraint order or a Scottish restraint order may only be taken if the order is registered in accordance with article 6.

Administrators and receivers
    
4.  - (1) Any Northern Ireland receivership order or Scottish administration order has effect in England and Wales and the functions of - 

are exercisable in England and Wales.

    (2) Proceedings for or with respect to the enforcement or contravention of a Northern Ireland receivership order or a Scottish administration order may only be taken if the order is registered in accordance with article 6.

Enforcement
    
5.  - (1) If any order is registered in accordance with article 6 - 

as if the Crown Court in England and Wales had made the order itself.

    (2) Paragraph (1) shall have effect whether the contravention of the order occurs before or after the registration of the order.

Registration
    
6.  - (1) Where an application for the registration of a Northern Ireland receivership order, a Northern Ireland restraint order, a Scottish administration order or a Scottish restraint order is made to the Crown Court in England and Wales, the Crown Court must direct that the order be registered in that court.

    (2) Where the Crown Court has directed that an order be registered, it may make such order as it believes is appropriate for the purpose of - 

Supplementary
    
7.  - (1) Section 47 of the Act (which makes provision about land registration) applies in relation to restraint orders made under section 120(1) of the Act and section 190(1) of the Act as it applies in relation to restraint orders made under section 41(1) of the Act.

    (2) A document purporting to be a copy of a Northern Ireland receivership order, a Northern Ireland restraint order, a Scottish administration order or a Scottish restraint order and certified as such by a proper officer of the court which made the order is admissible in evidence in the Crown Court in England and Wales without further proof.



PART III

ENFORCEMENT OF ENGLISH, WELSH AND NORTHERN IRELAND ORDERS IN SCOTLAND

Restraint orders
    
8.  - (1) Any English or Welsh restraint order or Northern Ireland restraint order has effect in Scotland.

    (2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh restraint order or a Northern Ireland restraint order may only be taken if the order is registered in accordance with article 11.

Receivers
    
9.  - (1) Any English or Welsh receivership order or Northern Ireland receivership order has effect in Scotland and the functions of a receiver appointed in pursuance of Part 2 or Part 4 of the Act are exercisable in Scotland.

    (2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh receivership order or a Northern Ireland receivership order may only be taken if the order is registered in accordance with article 11.

Enforcement
    
10.  - (1) If any order is registered in accordance with article 11 - 

as if the Court of Session had made the order itself.

    (2) Paragraph (1) shall have effect whether the contravention of the order occurs before or after the registration of the order.

Registration
    
11.  - (1) Where an application for the registration of an English or Welsh receivership order, an English or Welsh restraint order, a Northern Ireland receivership order or a Northern Ireland restraint order is made to the Court of Session, the Court of Session must direct that the order be registered in that court.

    (2) Where the Court of Session has directed that an order be registered, it may make such order as it believes is appropriate for the purpose of - 

Supplementary
    
12.  - (1) Section 123 of the Act (inhibition of property affected by order) applies in relation to restraint orders made under section 41(1) of the Act and section 190(1) of the Act as it applies in relation to restraint orders made under section 120(1) of the Act.

    (2) Section 124 of the Act (arrestment of property affected by order) applies in relation to restraint orders made under section 41(1) of the Act and section 190(1) of the Act as it applies in relation to restraint orders made under section 120(1) of the Act.

    (3) Nothing in section 49(6), 51(6), 53 (6), 197(6), 199(6) or 201(6) of the Act prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.

    (4) A document purporting to be a copy of an English or Welsh receivership order, an English or Welsh restraint order, a Northern Ireland receivership order or a Northern Ireland restraint order, and to be certified as such by a proper officer of the court which made the order shall, in Scotland, be sufficient evidence of the order.



PART IV

ENFORCEMENT OF ENGLISH, WELSH AND SCOTTISH ORDERS IN NORTHERN IRELAND

Restraint orders
    
13.  - (1) Any English or Welsh restraint order or Scottish restraint order has effect in Northern Ireland.

    (2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh restraint order or a Scottish restraint order may only be taken if the order is registered in accordance with article 16.

Administrators and receivers
    
14.  - (1) Any English or Welsh receivership order or Scottish administration order has effect in Northern Ireland and the functions of - 

are exercisable in Northern Ireland.

    (2) Proceedings for or with respect to the enforcement or contravention of a English or Welsh receivership order or a Scottish administration order may only be taken if the order is registered in accordance with article 16.

Enforcement
    
15.  - (1) If any order is registered in accordance with article 16 - 

as if the High Court in Northern Ireland had made the order itself.

    (2) Paragraph (1) shall have effect whether the contravention of the order occurs before or after the registration of the order.

Registration
    
16.  - (1) Where an application for the registration of an English or Welsh receivership order, an English or Welsh restraint order, a Scottish administration order or a Scottish restraint order is made to the High Court in Northern Ireland, the High Court must direct that the order be registered in that court.

    (2) Where the High Court has directed that an order be registered, it may make such order as it believes is appropriate for the purpose of - 

Supplementary
    
17.  - (1) Section 195 of the Act (which makes provision about land registration) applies in relation to restraint orders made under section 41(1) of the Act and section 120(1) of the Act as it applies in relation to restraint orders made under section 190(1) of the Act.

    (2) A document purporting to be a copy of an English or Welsh receivership order, an English or Welsh restraint order, a Scottish administration order or a Scottish restraint order and certified as such by a proper officer of the court which made the order is admissible in evidence in the High Court in Northern Ireland without further proof.


A. K. Galloway
Clerk of the Privy Council


EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes provision for orders relating to restraint and receivership made under the Proceeds of Crime Act 2002 made in one part of the United Kingdom to be enforced in another part. Part I is introductory. Part II deals with the enforcement of Scottish and Northern Ireland orders in England and Wales. Part III deals with the enforcement of English or Welsh orders and Northern Ireland orders in Scotland. Part IV deals with the enforcement of English or Welsh orders and Scottish orders in Northern Ireland.

The same model is used for each jurisdiction. Orders automatically have effect throughout the United Kingdom. However, proceedings for their enforcement may only be brought if the orders are registered in the Crown Court for England and Wales, the Court of Session for Scotland and the High Court for Northern Ireland. The court in which the order is registered then has the same powers to enforce the order as if it had made the order itself. Supplementary provision is made about land registration and admissibility of evidence. For Scotland, supplementary provision is also made about inhibition, arrestment and deeds relating to heritable property.


Notes:

[1] 2002 c. 29.back



ISBN 0 11 044250 4


  Prepared 6 January 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20023133.html