OpenLegislation

Paragraph 6

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In section 77–

(a)

for subsection (3)(a) and (b) there shall be substituted:

“(a)

where an application under subsection (5) below relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and

in any other case–

(i)

to all realisable property held by a specified person, whether the property is described in the restraint order or not; and

(ii)

to realisable property held by a specified person, being property trans ferred to him after the making of the restraint order.”;

(b)

in paragraph (a) of subsection (5) for the words “the prosecutor” there shall be substituted the words “or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under section 97 below, by a receiver appointed under section 80 below, a Crown Prosecutor or a person authorised in that behalf by the Commissioners of Customs and Excise”, and for paragraph (c) of that subsection there shall be substituted the following paragraph:

“(c)

notwithstanding anything in Order 11 of the Rules of the Supreme Courtf1 may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.”;

(c)

for subsection (6)(b) there shall be substituted:

“(b)

shall be discharged when the proceedings in relation to which the order was made are concluded.”;

(d)

in subsections (9)(b) and (10) for the words “Great Britain” there shall be substituted the words “England and Wales”; and

(e)

in subsection (13), for the words “The prosecutor” there shall be substituted the words “A person applying for a restraint order under subsection (5)(a) above”.

Annotations

Footnotes

f1

S.I. 1965/1776.