Statutory Instrument 1995 No. 760

The Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995, ISBN 0110527011. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 760

PREVENTION AND SUPPRESSION OF TERRORISM

The Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995

At the Court at Buckingham Palace, the 15th day of March 1995

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by paragraphs 10, 20 and 30 of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989^[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Title, commencement and extent
    1.—(1)  This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995 and shall come into force on 24th March 1995.

    (2)  This Order extends to the United Kingdom only.

Interpretation
    2.—(1)  In this Order—
"court of a designated country" includes a court of any state or territory of a designated country,
"appropriate authority" means the authority of a designated country specified opposite that country in Schedule 2 to this Order,
"designated country" means a country or territory designated under article 3 of this Order,
"external forfeiture order" means an order which is made in a designated country and which provides for the forfeiture of terrorist funds within the meaning of section 11(3)(a) or (b) of the 1989 Act,
"external restraint order" means an order which is made in a designated country and which makes provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted there,
"external order" means an external forfeiture order or an external restraint order,
"property" includes property wherever situated and whether real or personal, heritable or movable and things in action and other intangible or incorporeal property,
"the 1989 Act" means the Prevention of Terrorism (Temporary Provisions) Act 1989^[2].


    (2)  The following provisions of this article shall have effect for the interpretation of this Order.

    (3)  Proceedings are instituted in a designated country when—
 (a) under the law of the designated country concerned, one of the steps specified in relation to that country in the right-hand column of Schedule 1 to this Order has been taken there in respect of the commission of an alleged offence, or
 (b) an application has been made to a court of a designated country for an external forfeiture order,
and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

    (4)  Proceedings are concluded in a designated country—
 (a) when an external forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies, or
 (b) when (disregarding any power of a court in a designated country to grant leave to appeal out of time) there is no further possibility of an external forfeiture order being made in the proceedings.

    (5)  An external order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

Designation of countries and territories
    3.    Each of the countries and territories specified in Schedule 2 to this Order is hereby designated for the purposes of paragraphs 10(2), 20(2) and 30(2) of Schedule 4 to the 1989 Act.

Proof of orders and judgment of court of a designated country
    4.—(1)  For the purposes of this Order—
 (a) any order made or judgment given by a court of a designated country purporting to bear the seal of that court, or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person, and
 (b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court of a designated country shall be deemed without further proof to be a true copy.

    (2)  A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purposes of paragraph (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by, or on behalf of, the appropriate authority of the designated country.

Evidence in relation to proceedings and orders in a designated country
    5.    For the purposes of this Order—

    (1)  A certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating—
 (a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there,
 (b) that an external order is in force and is not subject to appeal,
 (c) that property recoverable in the designated country under an external order remains unrecovered there,
 (d) that any person has been notified of any proceedings in accordance with the law of the designated country, or
 (e) that an order (however described) made by a court of a designated country is an external order, or that an order, if made by a court of a designated country, would be an external order,
shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of the facts so stated.

    (2)  A statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of any fact stated therein.

    (3)  A document is duly authenticated for the purposes of paragraph (2) above if it purports to be certified by any person in his capacity as judge, magistrate or officer of the court of a designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.

[1] 1989 c. 4; Schedule 4 was amended by paragraph 5(7), (8) and (9) of Schedule 7 to the Northern Ireland (Emergency Provisions) Act 1991 (c. 24). back

[2] 1989 c. 4. back

Explanatory Note