Crime (International Co-operation) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Enforcement of overseas freezing orders

 41E   (1)   Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions for Northern Ireland.
(2)      The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
(3)      Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard.
(4)      The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).
 41F      The High Court may postpone giving effect to an overseas freezing order in respect of any property—
(a)  in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
(b)  if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.
 41G   (1)   Where the High Court decides to give effect to an overseas freezing order, it must—
(a)  register the order in that court,
(b)  provide for notice of the registration to be given to any person affected by it.
(2)      For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.
(3)      Paragraph 35 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 33.
(4)      The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecution for Northern Ireland or any other person affected by it, if or to the extent that—
(a)  the court is of the opinion mentioned in paragraph 41E(4), or
(b)  the court is of the opinion that the order has ceased to have effect in the participating country.
(5)      Her Majesty may by Order in Council make further provision for the enforcement in Northern Ireland of registered overseas freezing orders.
(6)      An Order in Council under this paragraph—
(a)  may make different provision for different cases,
(b)  is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament."
      In paragraph 44 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second "order" there is inserted "(other than an overseas freezing order within the meaning of paragraph 41D)"."
109Page 70, line 18, leave out paragraph 5 and insert—
      "In Part 4 of that Schedule (insolvency), in paragraph 45, in paragraph (c) of the definition of "restraint order", for the words from "external" to "virtue" there is substituted "order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G or"."
 

Clause 92

 

110[Withdrawn]
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE BARONESS CARNEGY OF LOUR

111Page 61, line 4, at end insert—
"(2A)  Before making an order under subsection (1), the Secretary of State shall consult the Scottish Ministers.
(2B)  Before making an order under subsection (1) the Scottish Ministers shall consult the Secretary of State."
112Page 61, line 13, after "to," insert "applies with modification,"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

113Page 61, line 23, at end insert—
"(   )  This section shall cease to have effect at the end of three years beginning with the date on which it comes into force."
 

After Clause 92

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

114Insert the following new Clause—
  "Expiry after three years
(1)  Subject to subsection (2), this Act shall cease to have effect at the expiry of three years, starting with the date that the Act is given Royal Assent.
(2)  Subsection (1) shall not apply if, before the expiry of the three years, the Secretary of State provides by order made by statutory instrument that the Act shall continue in force.
(3)  An order may not be made under subsection (2) unless a draft of the order has first been laid before and approved by resolution of each House of Parliament."
 

Clause 94

 

THE LORD WALLACE OF SALTAIRE
THE LORD GOODHART

115*Page 61, line 36, at end insert—
"(   )  Her Majesty may, by Order in Council, direct that any provision of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Channel Islands or the Isle of Man."

 
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28 February 2003