Article 24 Drug Trafficking Offences Act 1986: reciprocal enforcement of orders

Order 115 shall be further amended by adding after rule 11 the following new rules—

“Exercise of powers under sections 24A and 26

12

The powers conferred on the High Court by sections 24A and 26 may be exercised by a judge in chambers and a master of the Queen’s Bench Division.

Application for registration

13

An application for registration of an order specified in an Order in Council made under section 24A or of an external confiscation order under section 26(3) may be made ex parte.

Evidence in support of application under section 24A

14

An application for registration of an order specified in an Order in Council made under section 24A must be supported by an affidavit—

(i)

exhibiting the order or a certified copy thereof, and

(ii)

stating, to the best of the deponent’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the deponent’s knowledge.

Evidence in support of application under section 26(3)

15

An application for registration of an external confiscation order must be supported by an affidavit—

(a)

exhibiting the order or a verified or certified or otherwise duly authenticated copy thereof and, where the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by affidavit, and

(b)

stating—

(i)

that the order is in force and is not subject to appeal,

(ii)

where the person against whom the order was made did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them,

(iii)

in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered, and

(iv)

to the best of the deponent’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the deponent’s knowledge.

Register of orders

16

(1)

There shall be kept in the Central Office under the direction of the Senior Master a register of the orders registered under the Act.

(2)

There shall be included in such register particulars of any variation or setting aside of a registration, of any variation, satisfaction or discharge of a registered order, and of any execution issued on such an order.

Notice of registration

17

(1)

Notice of the registration of an order must be served on the person against whom it was obtained by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct.

(2)

Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

(3)

The notice shall state the period within which an application may be made to vary or set aside the registration and that the order will not be enforced until after the expiration of that period.

Application to vary or set aside registration

18

An application by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

Enforcement of order

19

(1)

An order registered under the Act shall not be enforced until after the expiration of the period specified in accordance with rule 17(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.

(2)

If an application is made under rule 18, an order shall not be enforced until after such application is determined.

Variation, satisfaction and discharge of registered order

20

Upon the court being notified by the applicant for registration that an order which has been registered has been varied, satisfied or discharged, particulars of the variation, satisfaction or discharge, as the case may be, shall be entered in the register.

Rules to have effect subject to Orders in Council

21

Rules 12 to 20 shall have effect subject to the provisions of the Order in Council made under section 24A or, as the case may be, of the Order in Council made under section 26.”.