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Paragraph 40 Registration of external confiscation orders

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

(1)

On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation 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, 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 subsection (1) above “appeal” includes—

(a)

any proceedings by way of discharging or setting aside a judgment; and

(b)

an application for a new trial or a stay of execution.

(3)

The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by the recovery of all property liable to be recovered under it or by payment of the amount due under it.