The Terrorism Act 2000 (Enforcement of External Orders) Order 2001

PART II:ENFORCEMENT OF EXTERNAL ORDERS IN ENGLAND AND WALES

Application of this Part

7.  This Part applies for the purpose of enabling the enforcement in England and Wales of external orders.

Representation of government of a designated country

8.  A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Crown Prosecution Service to act on its behalf in proceedings pursuant to this Part of this Order.

Registration of external forfeiture orders

9.—(1) On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if—

(a)it is satisfied that at the time of registration the order is in force and not subject to appeal,

(b)it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and

(c)it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.

(2) In paragraph (1) above, “appeal” includes—

(a)any proceedings by way of discharging or setting aside a judgement, and

(b)an application for a new trial or a stay of execution.

Registration of external restraint orders

10.—(1) On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if—

(a)it is satisfied that at the time of registration the order is in force, and

(b)it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.

(2) An external restraint order may only be registered where—

(a)proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in those proceedings, or

(b)proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.

Implementation of registered external forfeiture orders

11.—(1) If an external forfeiture order is registered in the High Court under article 9(1) above, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 3 of that Schedule applies accordingly) but any reference in the said paragraph 2(1) to “the proper officer” shall, for the purposes of this article, mean the appropriate officer of the High Court.

(2) After making any payment required by virtue of paragraph 2(1)(d) or 3 of Schedule 4 to the 2000 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under paragraph (1) above shall be paid by him to the Secretary of State.

Statutory provisions applicable where external restraint order has been registered

12.  Paragraphs 7 and 8 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the High Court under article 10(1) above as they apply to a restraint order and the High Court shall have the like power to make an order under section 33 of the Supreme Court Act 1981(1) (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

Enforcement of registered external orders

13.—(1) Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 9 or 10 above—

(a)the High Court shall have, in relation to its enforcement, the same power,

(b)proceedings for or with respect to its enforcement may be taken, and

(c)proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,

as if the order had originally been made in the High Court.

(2) The High Court may, additionally, for the purpose of—

(a)assisting the achievement in England and Wales of the purposes of an external order, or

(b)assisting any receiver or other person directed by any such order to sell or otherwise dispose of property,

make such orders or do otherwise as seems to it appropriate.