Related amendments
47. The provisions of the Acts specified in the first column of the Second Schedule are amended in the manner set out in the second column thereof.
FIRST SCHEDULE
ENFORCEMENT OF FOREIGN CONFISCATION ORDERS
PART I
Preliminary
Interpretation
1.—(1) In this Schedule, unless the context otherwise requires—
"charging order" means an order made under paragraph 8 (1);
"defendant" means the person against whom, or in relation to whose property, the foreign confiscation order concerned has been or may be made;
"interest", in relation to property, includes right;
"property" means money or other property, movable or immovable, including things in action and other intangible or incorporeal property;
"realisable property" means—
- (a) where a foreign confiscation order (not being an instrumentality forfeiture order) has been made, any property in respect of which the order was made; or
- (b) where a foreign confiscation order (not being an instrumentality forfeiture order) may be made in proceedings which have been, or are to be, instituted in the prescribed foreign country concerned, any property in respect of which such an order could be made.
(2) A reference to a restraint order in Part II of this Schedule is a reference to an order made under paragraph 7 (1), and a reference to a restraint order in Part III of this Schedule is a reference to an order made under paragraph 18.
(3) For the purposes of this Schedule—
- (a) property is held by any person if he holds any interest in it;
- (b) a reference to property held by a person includes a reference to property vested in his trustee in bankruptcy or liquidator;
- (c) a reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by him beneficially if the property were not so vested in his trustee in bankruptcy or liquidator; and
