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Proceeds of Crime (Scotland) Act 1995

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This is the original version (as it was originally enacted).

39Enforcement of Northern Ireland orders

(1)Her Majesty may by Order in Council provide that, for the purposes of Part III of and Schedules 1 and 2 to this Act, this Act shall have effect as if—

(a)references to confiscation orders included a reference to orders made by courts in Northern Ireland which appear to Her Majesty to correspond to confiscation orders;

(b)references to—

(i)offences to which Part I of this Act applies; or

(ii)drug trafficking offences,

included a reference to any offence under the law of Northern Ireland (not being an offence to which that Part applies) which appears to Her Majesty to correspond to such an offence; and

(c)such other modifications were made as may be specified in the Order in Council, being modifications which appear to Her Majesty to be requisite or desirable having regard to procedural differences which may for the time being exist between Scotland and Northern Ireland; and without prejudice to the generality of this paragraph modifications may include provision as to the circumstances in which proceedings in Northern Ireland are to be treated for the purposes of those sections as instituted or as concluded.

(2)An Order in Council under this section may provide for the provisions mentioned in subsection (1) above to have effect in relation to anything done or to be done in Northern Ireland subject to such further modifications as may be specified in the Order.

(3)An Order in Council under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.

(4)An Order in Council under this section may, in particular, provide for section 18 of the [1982 c. 27.] Civil Jurisdiction and Judgements Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply in relation to such orders made in connection with drug trafficking offences as may be prescribed by the Order.

(5)An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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