{
  "url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-jersey-order-1993/article-10",
  "json_url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-jersey-order-1993/article-10.json",
  "legislation": "uksi/1993/1799",
  "legislation_title": "The Iraq (United Nations) (Sequestration of Assets) (Jersey) Order 1993",
  "legislation_url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-jersey-order-1993",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Scope of Third Party Rights",
  "text": "(1) For the purposes of this Order and without prejudice to the existence of third party rights in other circumstances, but subject as provided in paragraph (2) below—\n(a) a person claiming to be a creditor of a company which is an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled—\n(i) by virtue of having proved a debt after the company has passed a resolution for winding-up under the Companies (Jersey) Law 1991; or\n(ii) by virtue of having proved a debt after a winding-up order has been made in respect of the company under the Companies (Jersey) Law 1991;\n(b) a person claiming to be a creditor of an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled by virtue of having proved a debt after a declaration has been made in respect of that person under Article 6 of the Bankruptcy (Desastre) (Jersey) Law 1990 or after the Royal Court has granted a bankruptcy application within the meaning of paragraph (a), (c) or (d) of Article 13 of the Interpretation (Jersey) Law 1954 in respect of that person.\n(2) Where the Attorney General has reason to believe or to suspect that, notwithstanding the application of one of the conditions described in paragraph (1) above, a person claiming to be the creditor of an Iraqi person does not have or may not have rights as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled he shall examine all the relevant facts before reaching a conclusion on the existence of third party rights in the circumstances.\n(3) A person shall not be treated as having rights as a third party to funds or to petroleum or petroleum products unless—\n(a) his rights are contingent on an Iraqi person’s entitlement to the funds or, as the case may be, to the petroleum or petroleum products; and\n(b) he is not an Iraqi person.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/1799/article/10",
    "retrieved_at": "2026-10-29T13:53:27.495207+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}