Sch. 4
Enforcement of orders made elsewhere in the British Islands
42. In the following provisions of this Part of this Schedule—
- “an England and Wales order” means—
- (a) an order made in England and Wales under section 23 (“an England and Wales forfeiture order”),
- (b) an order made under paragraph 5 (“an England and Wales restraint order”), or
- (c) an order made under any other provision of Part I of this Schedule in relation to an England and Wales forfeiture or restraint order;
- “a Scottish order” means—
- (a) an order made in Scotland under section 23 (“a Scottish forfeiture order”),
- (b) an order made under paragraph 18 (“a Scottish restraint order”), or
- (c) an order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;
- “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—
- (a) section 23 (“an Islands forfeiture order”),
- (b) paragraph 33 (“an Islands restraint order”), or
- (c) any other provision of this Part of this Schedule.
43.—(1) Subject to the provisions of this paragraph, an England and Wales, Scottish or Islands order shall have effect in the law of Northern Ireland.
(2) But such an order shall be enforced in Northern Ireland only in accordance with—
- (a) the provisions of this paragraph, and
- (b) any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.
(3) On an application made to it in accordance with rules of court for registration of an England and Wales, Scottish or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court.
(4) Rules of court shall also make provision—
- (a) for cancelling or varying the registration of an England and Wales, Scottish or Islands forfeiture order when effect has been given to it, whether in Northern Ireland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;
- (b) for cancelling or varying the registration of an England and Wales, Scottish or Islands restraint order which has been discharged or varied by the court by which it was made.
(5) If an England and Wales, Scottish or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) to give effect to a forfeiture order made by it and—
- (a) paragraph 31 shall apply accordingly,
- (b) any functions of the clerk of petty sessions or the appropriate officer of the Crown Court shall be exercised by the appropriate officer of the High Court, and
