Statutory Instrument 1993 No. 3148

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1993

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1993 No. 3148

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1993

At the Court at Buckingham Palace, the 16th day of December 1993

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990^[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.—(1)  This Order may be cited as the Criminal Justice (International Co- operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1993 and shall come into force on 1st February 1994.

    (2)  In this Order "the principal Order" means—
 (a) in relation to England and Wales, the Criminal Justice (International Co- operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991^[2] ("the England and Wales Order"); and
 (b) in relation to Northern Ireland, the Criminal Justice (International Co- operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991^[3] ("the Northern Ireland Order").

    2.    Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended, after the entry relating to Montserrat, by the insertion of the following—

Netherlands

"(a) when a pre-trial financial investigation has been initiated; (b) when the provisional measure has been ordered by an investigating magistrate; (c) when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted; (d) when a public prosecutor has laid an indictment

    3.    Schedule 2 to the principal Order shall be amended as follows—
 (a) by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order (including where so specified the appropriate authority for a country or territory) and the removal of the entry specifying the appropriate authority for Switzerland; and
 (b) by the insertion opposite the entry for Switzerland, of the following entry—
"Office federal de la police".

    4.    Schedule 3 to the principal Order shall be amended by the insertion at the appropriate places in alphabetical order of the entries for those countries and territories specified in Schedule 2 to this Order (including where so specified the appropriate authority for a country or territory).

N. H. Nicholls

Clerk of the Privy Council

[1] 1990 c. 5; section 9 was amended by section 21 of the Criminal Justice Act 1993 (c. 36). back

[2] S.I. 1991/1463, amended by S.I. 1992/1721 and 1993/1791. back

[3] S.I. 1991/1464, amended by S.I. 1992/1721 and 1993/1791. back

Explanatory Note