Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/85

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80c. 11
Terrorism Act 2000

Sch. 4

(b) for matters corresponding to those for which provision is made by, or can be made under, paragraph 27(1) to (8) in relation to the orders to which that paragraph applies, and
(c) for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(5) An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6) An Order under this paragraph—

(a) may make different provision for different cases, and
(b) shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Part III
Northern Ireland

Interpretation

29. In this Part of this Schedule—

“forfeiture order” means an order made by a court in Northern Ireland under section 23, and
“forfeited property” means the money or other property to which a forfeiture order applies.

Implementation of forfeiture orders

30.—(1) Where a court in Northern Ireland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—

(a) require any of the forfeited property to be paid or handed over to the proper officer or to a member of the Royal Ulster Constabulary designated for the purpose by the Chief Constable;
(b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;
(c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;
(d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23(7).

(2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4) Article 58 of the S.I. 1981/1675 (N.I. 26).Magistrates’ Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.