Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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Part III Northern Ireland

Interpretation

29 In this Part of this Schedule--

"forfeiture order" means an order made by a court in Northern Ireland under section 23, and
"forfeited property" means the money or other property to which a forfeiture order applies.

Implementation of forfeiture orders

30 (1) Where a court in Northern Ireland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may--

(a) require any of the forfeited property to be paid or handed over to the proper officer or to a member of the Royal Ulster Constabulary designated for the purpose by the Chief Constable;

(b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

(c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23(7).

(2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4) Article 58 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.

31 (1) A receiver appointed under paragraph 30 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 30(1)(c).

(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

(3) A receiver appointed under paragraph 30 shall not be liable to any person in respect of any loss or damage resulting from action--

(a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b) which he would be entitled to take if the property were forfeited property, and

(c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver's negligence.

32 (1) In paragraphs 30 and 31 "the proper officer" means--

(a) where the forfeiture order is made by a court of summary jurisdiction, the clerk of petty sessions, and

(b) where the forfeiture order is made by the Crown Court, the appropriate officer of the Crown Court.

(2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by--

(a) the prosecutor in the proceedings in which the forfeiture order was made,

(b) the defendant in those proceedings, or

(3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

(4) Any balance in the hands of the proper officer after making any payment required under paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of the [1954 c. 9 (N.I.).] Administration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) as if it were a fine.

Restraint orders

33 (1) The High Court may make a restraint order under this paragraph where--

(a) proceedings have been instituted in Northern Ireland for an offence under any of sections 15 to 18,

(b) the proceedings have not been concluded,

(d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

(2) The High Court may also make a restraint order under this paragraph where--

(a) it is satisfied that a person is to be charged in Northern Ireland with an offence under any of sections 15 to 18,

(b) an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of the proposed proceedings for the offence, and

(3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in sub-paragraph (1) or (2).

(4) An application for a restraint order may be made to a judge in chambers without notice.

(5) For the purposes of this paragraph a reference to dealing with property includes a reference to removing the property from Northern Ireland.

34 (1) A restraint order shall provide for notice of it to be given to any person affected by the order.

(2) A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

(3) In particular, a restraint order shall be discharged on an application under sub-paragraph (2)--

(a) in the case of an order made under paragraph 33(2), if the proceedings in respect of the offence are not instituted within such time as the High Court considers reasonable, and

(b) in any case, if the proceedings for the offence have been concluded.

35 (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Northern Ireland.

(2) Property seized under this paragraph shall be dealt with in accordance with the High Court's directions.

36 (1) The power to make a restraint order under the provisions of paragraph 33 shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18.

(2) In their application by virtue of sub-paragraph (1) paragraphs 33 to 35 shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.

(3) An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 34.

37 (1) A person commits an offence if he contravenes a restraint order.

(2) It is a defence for a person charged with an offence under this paragraph to prove that he had a reasonable excuse for the contravention.

(3) A person guilty of an offence under this paragraph shall be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum, or to both.

(4) Nothing in this paragraph shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.

38 (1) The prosecutor shall be treated for the purposes of section 66 of the [1970 c. 18(N.I.).] Land Registration Act (Northern Ireland) 1970 (cautions) as a person interested in respect of any registered land to which a restraint order or an application for such an order relates.

(2) On the application of the prosecutor, the Registrar of Titles shall, in respect of any registered land to which a restraint order or an application for such an order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.

(3) Subsections (2) and (4) of section 67 of the [1970 c. 18(N.I.).] Land Registration Act (Northern Ireland) 1970 (inhibitions) shall apply to an entry made on the application of the prosecutor under sub-paragraph (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section.

(4) In this paragraph--

"registered land" has the meaning assigned to it by section 45(1)(a) of the [1954 c. 33(N.I.).] Interpretation Act (Northern Ireland) 1954,
"Registrar of Titles" and "entry" have the same meanings as in the [1970 c. 18(N.I.).] Land Registration Act (Northern Ireland) 1970, and
"prosecutor" in a case where a restraint order is made under paragraph 33(2) or an application for such an order is made, means the person who the High Court is satisfied has or will have the conduct of the proposed proceedings.

Compensation

39 (1) This paragraph applies where a restraint order is discharged under paragraph 34(3)(a).

(2) This paragraph also apples where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which--

(a) do not result in conviction for an offence under any of those sections,

(b) result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by Her Majesty, or

(3) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(4) The High Court may order compensation to be paid to the applicant if satisfied--

(a) that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

(b) that the person in default was or was acting as a member of the Royal Ulster Constabulary, or was a member of the Office of the Director of Public Prosecutions for Northern Ireland,

(c) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(d) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(5) The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.

(6) Compensation payable under this paragraph shall be paid--

(a) where the person in default was or was acting as a member of the Royal Ulster Constabulary, out of funds put at the disposal of the Chief Constable under section 10(5) of the [1998 c. 32.] Police (Northern Ireland) Act 1998, and

(b) where the person in default was a member of the Office of the Director of Public Prosecutions for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland.

40 (1) This paragraph applies where--

(a) a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18, and

(b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5), as applied by section 8(2).

(2) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(3) The High Court may order compensation to be paid to the applicant if satisfied--

(a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(4) Compensation payable under this paragraph shall be paid by the Secretary of State.

Proceedings for an offence: timing

41 (1) For the purposes of this Part of this Schedule proceedings for an offence are instituted--

(a) when a summons or warrant is issued under Article 20 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 in respect of the offence;

(b) when a person is charged with the offence after being taken into custody without a warrant;

(c) when an indictment charging a person with the offence is presented under section 2(2)(c), (e) or (f) of the [1969 c. 15(N.I.).] Grand Jury (Abolition) Act (Northern Ireland) 1969.

(2) Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(3) For the purposes of this Part of this Schedule proceedings are concluded--

(a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

(b) when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

Enforcement of orders made elsewhere in the British Islands

42 In the following provisions of this Part of this Schedule--

"an England and Wales order" means--
(a)
an order made in England and Wales under section 23 ("an England and Wales forfeiture order"),
(b)
an order made under paragraph 5 ("an England and Wales restraint order"), or
(c)
an order made under any other provision of Part I of this Schedule in relation to an England and Wales forfeiture or restraint order;
"a Scottish order" means--
(a)
an order made in Scotland under section 23 ("a Scottish forfeiture order"),
(b)
an order made under paragraph 18 ("a Scottish restraint order"), or
(c)
an order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;
"an Islands order" means an order made in any of the Islands under a provision of the law of that Island corresponding to--
(a)
section 23 ("an Islands forfeiture order"),
(b)
paragraph 33 ("an Islands restraint order"), or
(c)
any other provision of this Part of this Schedule.

43 (1) Subject to the provisions of this paragraph, an England and Wales, Scottish or Islands order shall have effect in the law of Northern Ireland.

(2) But such an order shall be enforced in Northern Ireland only in accordance with--

(a) the provisions of this paragraph, and

(b) any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

(3) On an application made to it in accordance with rules of court for registration of an England and Wales, Scottish or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court.

(4) Rules of court shall also make provision--

(a) for cancelling or varying the registration of an England and Wales, Scottish or Islands forfeiture order when effect has been given to it, whether in Northern Ireland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

(b) for cancelling or varying the registration of an England and Wales, Scottish or Islands restraint order which has been discharged or varied by the court by which it was made.

(5) If an England and Wales, Scottish or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) to give effect to a forfeiture order made by it and--

(a) paragraph 31 shall apply accordingly,

(b) any functions of the clerk of petty sessions or the appropriate officer of the Crown Court shall be exercised by the appropriate officer of the High Court, and

(c) after making any payment required by virtue of paragraph 30(1)(d) or 31, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid into the Consolidated Fund.

(6) If an England and Wales, Scottish or Islands restraint order is registered under this paragraph--

(a) paragraphs 35 and 38 shall apply as they apply to a restraint order under paragraph 33, and

(b) the High Court shall have the like power to make an order under section 21 of the [1969 c. 58.] Administration of Justice Act 1969 (extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for an England and Wales, Scottish or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

(7) In addition, if an England and Wales, Scottish or Islands order is registered under this paragraph--

(a) the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

(b) proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, 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.

(8) The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of--

(a) assisting the achievement in Northern Ireland of the purposes of an England and Wales, Scottish or Islands order, or

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

(9) The following documents shall be received in evidence in Northern Ireland without further proof--

(a) a document purporting to be a copy of an England and Wales, Scottish or Islands order and to be certified as such by a proper officer of the court by which it was made, and

(b) a document purporting to be a certificate for purposes corresponding to those of paragraph 32(2) and (3) and to be certified by a proper officer of the court concerned.

Enforcement of orders made in designated countries

44 (1) Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in Northern Ireland of external orders.

(2) An "external order" means an order--

(a) which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

(b) which makes relevant provision.

(3) "Relevant provision" means--

(a) provision for the forfeiture of terrorist property ("an external forfeiture order"), or

(b) provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory ("an external restraint order").

(4) An Order in Council under this paragraph may, in particular, include provision--

(a) which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

(b) for matters corresponding to those for which provision is made by, or can be made under, paragraph 43(1) to (8) in relation to the orders to which that paragraph applies;

(c) for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(5) An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6) An Order in Council under this paragraph--

(a) may make different provision for different cases, and

(b) shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Part IV Insolvency: United Kingdom Provisions

General

45 In this Part of this Schedule--

"ancillary order" means an order made in connection with a forfeiture, other than the forfeiture order,
"forfeiture order" means--
(a)
an order made in England and Wales, Scotland or Northern Ireland under section 23,
(b)
an Islands forfeiture order within the meaning given in paragraph 12, 26 or 42, or
(c)
an external forfeiture order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44,
"forfeited property" means the money or other property to which a forfeiture order applies, and
"restraint order" means--
(a)
an order made under paragraph 5, 18 or 33,
(b)
an Islands restraint order within the meaning given in paragraph 12, 26 or 42, or
(c)
an external restraint order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44.

Protection of creditors against forfeiture

46 (1) During the period of six months beginning with the making of a forfeiture order, the following shall not be finally disposed of under this Schedule--

(a) the money to which the order applies, and

(b) the money which represents any property to which the order applies.

(2) For the purposes of this paragraph money is finally disposed of under this Schedule when--

(a) in England and Wales, it is paid to the Lord Chancellor in accordance with section 60 of the [1997 c. 25.] Justices of the Peace Act 1997 (application of fines, &c.) or to the Secretary of State in accordance with paragraph 13(5)(c),

(b) in Scotland, it is paid to the Treasury in accordance with section 211(5) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 (as modified by paragraph 16(3)), or

47 (1) This paragraph applies where--

(a) before or after a forfeiture order is made, the commencement of an insolvency occurs in qualifying insolvency proceedings,

(b) an insolvency practitioner would, but for the forfeiture order, exercise a function in those proceedings in relation to property to which the forfeiture order applies, and

(c) he gives written notice to the relevant officer of the matters referred to in paragraphs (a) and (b) before the end of the period of six months beginning with the making of the forfeiture order.

(2) Sub-paragraph (3) shall apply to--

(a) the property in relation to which the insolvency practitioner would, but for the forfeiture order, exercise a function as described in sub-paragraph (1)(b), and

(b) the proceeds of sale of that property.

(3) The property--

(a) shall cease to be subject to the forfeiture order and any ancillary order, and

(b) shall be dealt with in the insolvency proceedings as if the forfeiture order had never been made.

(4) But--

(a) the property to which sub-paragraph (3) applies is the balance remaining after the relevant officer has exercised his powers under paragraph 50(1), and

(b) sub-paragraph (3) shall not take effect in respect of property in relation to which the relevant officer, or any person acting in pursuance of an ancillary order, has incurred obligations until those obligations have been discharged.

(5) In this paragraph "the commencement of an insolvency" means--

(a) the making of a bankruptcy order,

(b) the award of sequestration,

(c) in England and Wales or in Northern Ireland, in the case of the insolvent estate of a deceased person, the making of an insolvency administration order, or

(d) in the case of a company, the passing of a resolution for its winding up, or where no such resolution has been passed, the making of an order by the court for the winding up of the company.

48 (1) Where by virtue of paragraph 47(3) property falls to be dealt with in insolvency proceedings, the Secretary of State shall be taken to be a creditor in those proceedings to the amount or value of the property.

(2) Except in a sequestration, his debt--

(a) shall rank after the debts of all other creditors, and

(b) shall not be paid until they have been paid in full with interest under the relevant provision.

(3) In sub-paragraph (2)(b) the "relevant provision" means--

(a) in relation to the winding up of a company in England and Wales or Scotland, section 189(2) of the [1986 c. 45.] Insolvency Act 1986,

(b) in relation to a bankruptcy in England and Wales, section 328(4) of that Act,

(c) in relation to the winding up of a company in Northern Ireland, Article 160(2) of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989, and

(d) in relation to a bankruptcy in Northern Ireland, Article 300(4) of that Order.

(4) In a sequestration, his debt shall rank after all of the debts mentioned in section 51(1) of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 and shall not be paid until they have been paid in full.

(5) Sub-paragraphs (2) to (4) apply notwithstanding any provision contained in or made under any other enactment.

49 (1) This paragraph applies to property which ceased to be subject to a forfeiture order by virtue of paragraph 47(3) in consequence of the making of a bankruptcy order or an award of sequestration.

(2) The property shall again become subject to the forfeiture order and, if applicable, any ancillary order if--

(a) the bankruptcy order is annulled, or

(b) the award of sequestration is recalled or reduced.

(3) Where the property is money or has been converted into money--

(a) the relevant court shall make an order specifying property comprised in the estate of the bankrupt or debtor to the amount or value of the property, and

(b) the specified property shall become subject to the forfeiture order, and any applicable ancillary order, in place of the property.

(4) In sub-paragraph (3) the "relevant court" means--

(a) the court which ordered the annulment of the bankruptcy, or

(b) the court which recalled or reduced the award of sequestration.

Expenses incurred in connection with forfeiture

50 (1) Where money or other property falls to be dealt with in accordance with paragraph 47(3), the relevant officer may--

(a) deduct allowable forfeiture expenses from that money;

(b) retain so much of that property as he considers necessary for the purpose of realising it and deducting allowable forfeiture expenses from the proceeds of realisation.

(2) Where property is delivered up in pursuance of paragraph 47(3) and the relevant officer has not made provision under sub-paragraph (1) for all the allowable forfeiture expenses then--

(a) a person who has incurred allowable forfeiture expenses for which provision has not been made shall have a claim to their value in the insolvency proceedings, and

(b) the expenses in question shall be treated for the purposes of the insolvency proceedings as if they were expenses of those proceedings.

(3) In this paragraph "allowable forfeiture expenses"--

(a) means expenses incurred in relation to the forfeited property by the relevant officer,

(b) means expenses incurred in relation to the forfeited property by a receiver, administrator or other person appointed by the relevant officer,

(c) means expenses incurred in relation to the forfeited property by any person appointed or directed to deal with any property under paragraph 16, and

(d) includes sums paid or required to be paid under paragraph 2(1)(d), 16(1)(c) or 30(1)(d).

Protection of insolvency practitioners

51 (1) This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a forfeiture order or a restraint order and--

(a) he reasonably believes that he is entitled to do so in the exercise of his functions, and

(b) he would be so entitled if the property were not subject to a forfeiture order or a restraint order.

(2) The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence.

(3) The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale--

(a) for such of his expenses as were incurred in connection with the insolvency proceedings in relation to which the seizure or disposal purported to take place, and

(b) for so much of his remuneration as may be reasonably assigned for his acting in connection with those proceedings.

(4) Sub-paragraphs (1) to (3) are without prejudice to the generality of any provision contained in the [1986 c. 45.] Insolvency Act 1986 or the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 or any other Act or the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989.

(5) In this paragraph "insolvency practitioner", in any part of the United Kingdom, means a person acting as an insolvency practitioner in that or any other part of the United Kingdom.

(6) For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in England and Wales or in Scotland shall be determined in accordance with section 388 of the [1986 c. 45.] Insolvency Act 1986, except that--

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