Drug Trafficking Act 1994
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Change 1
40 Registration of external confiscation orders.
(1) On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if— (a) it is satisfied that at the time of registration the order is in force and not subject to appeal; (b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and (c) it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice. (2) In subsection (1) above “appeal” includes— (a) any proceedings by way of discharging or setting aside a judgment; and (b) an application for a new trial or a stay of execution. (3) The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it. (4) In this section “designated country” and “external confiscation order” have the same meaning as in section 39 of this Act.
40 Registration of external confiscation orders.
(1) On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if— (a) it is satisfied that at the time of registration the order is in force and not subject to appeal; (b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and (c) it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice. (2) In subsection (1) above “appeal” includes— (a) any proceedings by way of discharging or setting aside a judgment; and (b) an application for a new trial or a stay of execution. (3) The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it. (4) In this section “designated country” and “external confiscation order” have the same meaning as in section 39 of this Act.
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