Statutory Instrument 1996 No. 2877

The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1996

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© Crown Copyright 1996

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1996 No. 2877

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1996

At the Court at Buckingham Palace, the 19th day of November 1996

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 96 of the Criminal Justice Act 1988^[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 Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1996 and shall come into force on 1st January 1997.

    (2)  This Order extends to England and Wales only.

    (3)  In this Order "the Act" means the Criminal Justice Act 1988 and "the principal Order" means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991^[2].

    2.    For article 5(1)(e) of the principal Order there shall be substituted the following—
"(e) that an order (however described) made or to be made by a court of the designated country has the purpose or, as the case may be, will have the purpose—
(i) of recovering property obtained as a result of or in connection with conduct to which Part VI of the Act applies or the value of property so obtained; or

(ii) of depriving a person of a pecuniary advantage so obtained," .

    3.    There shall be inserted in Schedule 1 to the principal Order, after the entry for Thailand, the entry for Ukraine (including the appropriate authority) specified in Schedule 1 to this Order.

    4.    Schedule 2 to the principal Order (modifications of Part VI of the Criminal Justice Act 1988) shall be amended as described in Schedule 2 to this Order and like amendments shall be made to the Act as set out in Schedule 3 to the principal Order (Part VI of the Criminal Justice Act 1988 as modified).

N. H. Nicholls

Clerk of the Privy Council

[1] 1988 c. 33; sections 71, 96 and 102 were amended by the Criminal Justice Act 1993 (c. 36) and sections 72A, 93A, 93B, 93C, 93D, 93E, 93F and 93G were inserted by that Act. Sections 71, 72, 72A, 73, 75, 76, 77, 80, 83, 84 and 102 were amended by the Proceeds of Crime Act 1995 (c. 11), and sections 72AA, 73A, 74A, 74B, 74C, 75A, 93H, 93I and 93J were inserted by that Act. back

[2] S.I. 1991/2873, as amended by S.I. 1993/1790, 1993/3147, 1994/1639 and 1996/278. back

Explanatory Note