Terrorism Act 2000

• The Irish People’s Liberation Organisation.

• The Ulster Defence Association.

• The Loyalist Volunteer Force.

• The Continuity Army Council.

• The Orange Volunteers.

• The Red Hand Defenders.

• Al-Qa’ida

• Egyptian Islamic Jihad

• Al-Gama’at al-Islamiya

• Armed Islamic Group (Groupe Islamique Armée) (GIA)

• Salafist Group for Call and Combat (Groupe Salafiste pour la Prédication et le Combat) (GSPC)

• Babbar Khalsa

• ...

• Harakat Mujahideen

• Jaish e Mohammed

• Lashkar e Tayyaba

• Liberation Tigers of Tamil Eelam (LTTE)

• Hizballah (Party of God).

• Harakat al Muqawama al-Islamiyya (Hamas)

• Palestinian Islamic Jihad—Shaqaqi

• Abu Nidal Organisation

• Islamic Army of Aden

• ...

• Kurdistan Workers’ Party (Partiya Karkeren Kurdistani) (PKK) including Teyrebazene Azadiye Kurdistan (TAK) and Hezen Parastina Gel (HPG)

• Revolutionary Peoples’ Liberation Party—Front (Devrimci Halk Kurtulus Partisi-Cephesi) (DHKP-C)

• Basque Homeland and Liberty (Euskadi ta Askatasuna) (ETA)

• 17 November Revolutionary Organisation (N17)

• Abu Sayyaf Group

• Asbat Al-Ansar

• Islamic Movement of Uzbekistan

• Jemaah Islamiyah.

• Al Ittihad Al Islamia

• Ansar Al Islam

• Ansar Al Sunna

• Groupe Islamique Combattant Marocain

• Harakat-ul-Jihad-ul-Islami

• Harakat-ul-Jihad-ul-Islami (Bangladesh)

• Harakat-ul-Mujahideen/Alami

• ...

• Islamic Jihad Union

• Jamaat ul-Furquan

• Jundallah

• Khuddam ul-Islam

• Lashkar-e Jhangvi

• ...

• Sipah-e Sahaba Pakistan.

• Al-Ghurabaa

• The Saved Sect

• Baluchistan Liberation Army

• ...

• Jammat-ul Mujahideen Bangladesh

• Tehrik Nefaz-e Shari'at Muhammadi.

• Al Shabaab

• Tehrik-e Taliban Pakistan

• Indian Mujahideen

• Ansarul Muslimina Fi Biladis Sudan (Vanguard for the protection of Muslims in Black Africa) (Ansaru)

• Jama’atu Ahli Sunna Lidda Awati Wal Jihad (Boko Haram)

• Minbar Ansar Deen (Ansar Al Sharia UK)

• Imarat Kavkaz (Caucasus Emirate)

• Ansar Bayt al-Maqdis (Ansar Jerusalem)

• Al Murabitun

• Ansar al Sharia – Tunisia

• Islamic State of Iraq and the Levant (Islamic State of Iraq and al-Sham) (Dawat al Islamiya fi Iraq wa al Sham (DAISh))

• Turkiye Halk Kurtulus Partisi-Cephesi (Turkish People’s Liberation Party) (The Hasty Ones) (Mukavamet Suriye)

• Kateeba al-Kawthar (Ajnad al-sham) (Junud ar-Rahman al Muhajireen)

• Abdallah Azzam Brigades, including the Ziyad al-Jarrah Battalions

• Popular Front for the Liberation of Palestine – General Command.

• Ansar al-Sharia-Benghazi (Partisans of Islamic Law)

• Ajnad Misr (Soldiers of Egypt)

• Jaysh al Khalifatu Islamiya (Army of the Islamic Caliphate) (Majahideen of the Caucasus and the Levant)

• Jund Al-Aqsa (Soldiers of Al-Aqsa)

• Jund al Khalifa–Algeria (Soldiers of the Caliphate in Algeria)

• Jamaat ul-Ahrar

• The Haqqani Network

• Global Islamic Media Front (including GIMF Bangla Team (Ansarullah Bangla Team) (Ansar-al Islam))

• Mujahedeen Indonesia Timur (East Indonesia Mujahedeen)

• Turkestan Islamic Party (East Turkestan Islamic Party) (East Turkestan Islamic Movement) (East Turkestan Jihadist Movement) (Hizb al-Islami al-Turkistani)

• Jamaah Anshorut Daulah

• National Action

• al-Ashtar Brigades (Saraya al-Ashtar) (The Wa’ad Allah Brigades) (Islamic Allah Brigades) (Imam al-Mahdi Brigades) (al-Haydariyah Brigades)

• al-Mukhtar Brigades (Saraya al-Mukhtar)

• Hasam (Harakat Sawa’d Misr) (Harakat Hasm) (Hasm)

• Liwa al-Thawra

• Jamaat Nusrat al-Islam Wal-Muslimin (JNIM) (Nusrat al-Islam) (Nusrat al-Islam wal Muslimeen) (NIM), including Ansar al-Dine (AAD), Macina Liberation Front (MLF), al-Murabitun, al-Qa’ida in the Maghreb and az-Zallaqa

• Ansaroul Islam (Ansar ul Islam) (Ansaroul Islam Lil Irchad Wal Jihad)

• Sonnenkrieg Division

• Feuerkrieg Division

• Atomwaffen Division (AWD), including National Socialist Order (NSO)

• The Base

• Wagner Group

• Hizb ut-Tahrir

• Terrorgram collective

• Palestine Action

• Maniacs Murder Cult (MMC) (MKU) (MKY)

• Russian Imperial Movement (RIM) (RID), including Russian Imperial Legion (RIL)

Note

The entry for The Orange Volunteers refers to the organisation which uses that name and in the name of which a statement described as a press release was published on 14th October 1998.

The entry for Jemaah Islamiyah refers to the organisation using that name that is based in south-east Asia, members of which were arrested by the Singapore authorities in December 2001 in connection with a plot to attack US and other Western targets in Singapore.

The entry for Palestine Action refers to the organisation using that name that is based in the United Kingdom.

SCHEDULE 3 — The Proscribed Organisations Appeal Commission

Constitution and administration

1

• (1) The Commission shall consist of members appointed by the Lord Chancellor.

• (2) The Lord Chancellor shall appoint one of the members as chairman.

• (3) A member shall hold and vacate office in accordance with the terms of his appointment.

• (4) A member may resign at any time by notice in writing to the Lord Chancellor.

2

The Lord Chancellor may appoint officers and servants for the Commission.

3

The Lord Chancellor—

• (a) may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants,

• (b) may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and

• (c) may pay sums in respect of expenses of the Commission.

Procedure

4

• (1) The Commission shall sit at such times and in such places as the Lord Chancellor may direct after consulting the following—

• (a) the Lord Chief Justice of England and Wales;

• (b) the Lord President of the Court of Session;

• (c) the Lord Chief Justice of Northern Ireland.

• (2) The Commission may sit in two or more divisions.

• (3) At each sitting of the Commission—

• (a) three members shall attend,

• (b) one of the members shall be a person who holds or has held high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council, and

• (c) the chairman or another member nominated by him shall preside and report the Commission’s decision.

• (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

• (5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

• (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

5

• (1) The Lord Chancellor may make rules—

• (a) regulating the exercise of the right of appeal to the Commission under section 5 or under section 33D of the National Security Act 2023;

• (b) prescribing practice and procedure to be followed in relation to proceedings before the Commission;

• (c) providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;

• (d) making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);

• (e) making provision about proof of the Commission’s decisions.

• (2) In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—

• (a) that decisions which are the subject of appeals are properly reviewed, and

• (b) that information is not disclosed contrary to the public interest.

• (3) The rules shall make provision permitting organisations and bodies to be legally represented in proceedings before the Commission.

• (4) The rules may, in particular—

• (a) provide for full particulars of the reasons for proscription or refusal to deproscribe , or for designation or refusal to remove a designation, to be withheld from the organisation , the body or the applicant concerned and from any person representing the organisation, the body or the applicant;

• (aa) in the case of an appeal under section 5, provide for full particulars of the reasons for—

• (i) the making of an order under section 3(6), or

• (ii) a refusal to provide for a name to cease to be treated as a name for an organisation,

to be withheld from the organisation or applicant concerned and from any person representing it or him;

• (ab) in the case of an appeal under section 33D of the National Security Act 2023, provide for full particulars of the reasons for a refusal to remove an alternative name from a designation of a body to be withheld from the body or applicant concerned and from any person representing the body or applicant;

• (b) enable the Commission to exclude persons (including representatives) from all or part of proceedings;

• (c) enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);

• (d) permit preliminary or incidental functions to be discharged by a single member;

• (e) permit proceedings for permission to appeal under section 6 , or under section 33E of the National Security Act 2023, to be determined by a single member;

• (f) make provision about the functions of persons appointed under paragraph 7;

• (g) make different provision for different parties or descriptions of party.

• (5) Rules under this paragraph—

• (a) shall be made by statutory instrument, and

• (b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

• (6) In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

6

• (1) This paragraph applies to—

• (a) proceedings brought by an organisation or a body before the Commission, and

• (b) proceedings arising out of proceedings to which paragraph (a) applies.

• (2) Proceedings shall be conducted on behalf of the organisation or body by a person designated by the Commission (with such legal representation as he may choose to obtain).

• (3) In paragraph 5 of this Schedule a reference to an organisation or a body includes a reference to a person designated under this paragraph.

7

• (1) The relevant law officer may appoint a person to represent the interests of an organisation , a body or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b).

• (2) The relevant law officer is—

• (a) in relation to proceedings in England and Wales, the Attorney General,

• (b) in relation to proceedings in Scotland, the Advocate General for Scotland, and

• (c) in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

• (3) A person appointed under this paragraph must—

• (a) have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (qualification for legal appointments),

• (b) be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980, or

• (c) be a member of the Bar of Northern Ireland.

• (4) A person appointed under this paragraph shall not be responsible to the organisation , the body or other applicant whose interests he is appointed to represent.

• (5) In paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.

7A

In this Schedule references to a body are to a body designated under section 33A of the National Security Act 2023.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3A — REGULATED SECTOR AND SUPERVISORY AUTHORITIES

PART 1 — REGULATED SECTOR

Business in the regulated sector

1

• (1) A business is in the regulated sector to the extent that it consists of—

• (a) the acceptance by a credit institution of deposits or other repayable funds from the public, or the granting by a credit institution of credits for its own account;

• (b) the carrying on of one or more of the activities listed in points 2 to 12 , 14 and 15 of Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 by an undertaking other than—

• (i) a credit institution; or

• (ia) an undertaking whose only listed activity is as a creditor under an agreement which—

• (aa) falls within section 12(a) of the Consumer Credit Act 1974 (debtor-creditor-supplier agreements);

• (bb) provides fixed sum credit (within the meaning given in section 10(1)(b) of the Consumer Credit Act 1974 (running-account credit and fixed-sum credit)) in relation to the provision of services; and

• (cc) provides financial accommodation by way of deferred payment or payment by instalments over a period not exceeding 12 months; ...

• (ii) an undertaking whose only listed activity is trading for own account in one or more of the products listed in point 7 of Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and which does not act on behalf of a customer (that is, a third party which is not a member of the same group as the undertaking);

• (c) the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance other than a reinsurance contract;

• (d) the provision of investment services or the performance of investment activities by a person (other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)) whose regular occupation or business is the provision to other persons of an investment service or the performance of an investment activity on a professional basis;

• (e) the marketing or other offering of units or shares by a collective investment undertaking;

• (f) the activities of an insurance intermediary as defined in article 33B(4) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, in respect of contracts of long-term insurance within the meaning given by article 3(1) of, and Part II of Schedule 1 to, that Order;

• (g) the carrying on of any of the activities mentioned in paragraphs (b) to (f) by a branch located in the United Kingdom of a person referred to in those paragraphs (or of an equivalent person in any other State), wherever its head office is located;

• (h) the activities of the National Savings Bank;

• (i) any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of Savings;

• (j) the carrying on of statutory audit work within the meaning of section 1210 of the Companies Act 2006 (meaning of “statutory auditor” etc ) by any firm or individual who is a statutory auditor within the meaning of Part 42 of that Act (statutory auditors);

• (ja) the carrying on of local audit work within the meaning of Schedule 5 to the Local Audit and Accountability Act 2014 (eligibility and regulation of local auditors) by any firm or individual who is a local auditor within the meaning of section 4(1) of that Act (general requirements for audit);

• (k) the activities of a person appointed to act as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 (meaning of “act as insolvency practitioner”) or article 3 of the Insolvency (Northern Ireland) Order 1989;

• (l) the provision to other persons of accountancy services by a firm or sole practitioner who by way of business provides such services to other persons;

• (m) the provision of material aid, or assistance or advice, in connection with the tax affairs of other persons by a firm or sole practitioner, whether provided directly or through a third party, if the firm or sole practitioner by way of business provides (as the case may be) aid, assistance or advice in connection with the tax affairs of other persons;

• (n) the participation in financial or real property transactions concerning—

• (i) the buying and selling of real property (or, in Scotland, heritable property) or business entities;

• (ii) the managing of client money, securities or other assets;

• (iii) the opening or management of bank, savings or securities accounts;

• (iv) the organisation of contributions necessary for the creation, operation or management of companies; or

• (v) the creation, operation or management of trusts, companies or similar structures,

by a firm or sole practitioner who by way of business provides legal or notarial services to other persons;

• (o) the provision to other persons by way of business by a firm or sole practitioner of any of the services mentioned in sub-paragraph (4);

• (p) the carrying on of estate agency work or letting agency work, ... by a firm or a sole practitioner who carries on, or whose employees carry on, such work;

• (q) the trading in goods (including dealing as an auctioneer) whenever a transaction involves the making or receipt of a payment or payments in cash of at least £10,000 in total, whether the transaction is executed in a single operation or in several operations which appear to be linked, by a firm or sole trader who by way of business trades in goods;

• (r) operating a casino under a casino operating licence (within the meaning given by section 65(2) of the Gambling Act 2005 (nature of licence)).

• (s) the auctioning by an auction platform of two-day spot or five-day futures, within the meanings given by Article 3 of the Emission Allowance Auctioning Regulation.

• (t) bidding directly, on behalf of clients, in auctions of emissions allowances in accordance with the Emission Allowance Auctioning Regulation.

• (u) the carrying on of activities by a firm or sole practitioner when it—

• (i) by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to £10,000 or more; or

• (ii) is the operator of a freeport when it, or any other firm or sole practitioner, stores works of art in the freeport and the value of the works of art so stored for a person, or a series of linked persons, amounts to £10,000 or more;

• (v) the carrying on of activities by a firm or individual when acting as a cryptoasset exchange provider or custodian wallet provider.

• (2) For the purposes of sub-paragraph (1)(a) and (b) “credit institution” means—

• (a) a credit institution as defined in Article 4(1)(1) of the Capital Requirements Regulation; or

• (b) a branch (within the meaning of Article 4(1)(17) of that Regulation) located in the United Kingdom of an institution falling within paragraph (a) (or of an equivalent institution in any other State) wherever its head office is located.

• (2A) For the purposes of sub-paragraph (1)(c), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

• (3) For the purposes of sub-paragraph (1)(n) a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a client in the transaction.

• (4) The services referred to in sub-paragraph (1)(o) are—

• (a) forming companies or other legal persons;

• (ab) selling an off-the-shelf firm;

• (b) acting, or arranging for another person to act—

• (i) as a director or secretary of a company;

• (ii) as a partner of a partnership; or

• (iii) in a similar position in relation to other legal persons;

• (c) providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

• (d) acting, or arranging for another person to act, as—

• (i) a trustee of an express trust or similar legal arrangement; or

• (ii) a nominee shareholder for a person other than a company whose securities are listed on a regulated market.

• (4A) For the purposes of sub-paragraph (4)(ab), an “off-the-shelf firm” means a firm that either—

• (a) does not carry on business; or

• (b) carries on business but such business is not the main activity carried on by the firm or sole practitioner selling the firm.

• (5) For the purposes of sub-paragraph (4)(d) “regulated market” has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) For the purposes of sub-paragraph (1)(p) “estate agency work” is to be read in accordance with section 1 of the Estate Agents Act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that Act) to be taken to include references to disposing of or acquiring an estate or interest in land outside the United Kingdom where that estate or interest is capable of being owned or held as a separate interest.

• (6B) For the purposes of sub-paragraph (1)(p) “letting agency work” means work—

• (a) consisting of things done in response to instructions received from—

• (i) a person (a “prospective landlord”) seeking to find another person to whom to let land, or

• (ii) a person (a “prospective tenant”) seeking to find land to rent, and

• (b) done in a case where an agreement is concluded for the letting of land—

• (i) for a term of a month or more, and

• (ii) at a rent which during at least part of the term is, or is equivalent to, a monthly rent of £10,000 or more.

• (6C) For the purposes of sub-paragraph (1)(p) “letting agency work” does not include the things listed in sub-paragraph (6D) when done by, or by employees of, a firm or sole practitioner if neither the firm or sole practitioner, nor any of their employees, does anything else within sub-paragraph (6B).

• (6D) Those things are—

• (a) publishing advertisements or disseminating information;

• (b) providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;

• (c) providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other;

• (d) the provision of legal or notarial services by a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication.

• (6E) In sub-paragraph (6B) “land” includes part of a building and part of any other structure.

• (7) For the purposes of sub-paragraphs (1)(j) and (l) to (q) and (6C) “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate and a partnership or other unincorporated association.

• (8) For the purposes of sub-paragraph (1)(q) “cash” means notes, coins or travellers' cheques in any currency.

• (9) For the purposes of sub-paragraph (1)(s) “auction platform” means a platform on which auctions of emissions allowances are held in accordance with the Emission Allowance Auctioning Regulation.

• (10) For the purposes of sub-paragraph (1)(u), “work of art” means anything which, in accordance with section 21(6) to (6B) of the Value Added Tax Act 1994 (value of imported goods), is a work of art for the purposes of section 21(5)(a) of that Act.

• (11) For the purposes of sub-paragraph (1)(u), “freeport” means a warehouse or storage facility within an area designated by the Treasury as a special area for customs purposes pursuant to section 100A(1) of the Customs and Excise Management Act 1979.

• (12) For the purposes of sub-paragraph (1)(v)—

• (a) “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—

• (i) exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,

• (ii) exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or

• (iii) operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets;

• (b) “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—

• (i) cryptoassets on behalf of its customers, or

• (ii) private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.

• (13) For the purposes of sub-paragraph (12)—

• (a) “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;

• (b) “money” means—

• (i) money in sterling,

• (ii) money in any other currency, or

• (iii) money in any other medium of exchange,

but does not include a cryptoasset; and

• (c) in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset.

Excluded activities

2

• (1) A business is not in the regulated sector to the extent that it consists of—

• (a) the issuing of withdrawable share capital within the limit set by section 24 of the Co-operative and Community Benefit Societies Act 2014 (maximum interest in a society's withdrawable shares), or the acceptance of deposits from the public within the limit set by section 67(2) of that Act (carrying on of banking by societies), by a society registered under that Act;

• (b) the issuing of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (maximum shareholding in society), or the acceptance of deposits from the public within the limit set by section 7(3) of that Act (carrying on of banking by societies), by a society registered under that Act;

• (c) the carrying on of any activity in respect of which a person who is (or falls within a class of persons) specified in any of paragraphs 2 to 23, 26 to 38 , 40 to 49 or 58 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 is exempt;

• (d) the exercise of the functions specified in section 45 of the Financial Services Act 1986 (miscellaneous exemptions) by a person who was an exempted person for the purposes of that section immediately before its repeal;...

• (e) the engaging in financial activity which fulfils all of the conditions set out in paragraphs (a) to (g) of sub-paragraph (3) of this paragraph by a person whose main activity is that of a high value dealer; ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the carrying on by a local authority (within the meaning given in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001) of an activity which would be a regulated activity for the purposes of the Financial Services and Markets Act 2000 but for article 72G of that Order; or

• (h) the preparation of a home report, which for these purposes means the documents prescribed for the purposes of sections 98, 99(1) or 101(2) of the Housing (Scotland) Act 2006.

• (2) For the purposes of sub-paragraph (1)(e) a “high value dealer” means a person mentioned in paragraph 1(1)(q) when carrying on the activities mentioned in that paragraph.

• (3) A business is not in the regulated sector to the extent that it consists of financial activity if—

• (a) the person's total annual turnover in respect of the financial activity does not exceed £100,000;

• (b) the financial activity is limited in relation to any customer to no more than one transaction exceeding £1,000, whether the transaction is carried out in a single operation, or a series of operations which appear to be linked;

• (c) the financial activity does not exceed 5% of the person's total annual turnover;

• (d) the financial activity is ancillary to the person's main activity and directly related to that activity;

• (e) the financial activity is not the transmission or remittance of money (or any representation of monetary value) by any means;

• (f) the main activity of the person carrying on the financial activity is not an activity mentioned in paragraph 1(1)(a) to (p) or (r) to (t); and

• (g) the financial activity is provided only to customers of the person's main activity and is not offered to the public.

• (4) A business is not in the regulated sector if it is carried on by—

• (a) the Auditor General for Scotland;

• (b) the Auditor General for Wales;

• (c) the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority);

• (d) the Comptroller and Auditor General;

• (e) the Comptroller and Auditor General for Northern Ireland;

• (f) the Official Solicitor to the Supreme Court, when acting as trustee in his official capacity; or

• (g) the Treasury Solicitor.

Interpretation

3

• (1) In this Part—

• ...

• ...

• “the Capital Requirements Regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms;

• “the Emission Allowance Auctioning Regulation” means Commission Regulation (EU) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community;

• ...

• ...

• ...

• “the Markets in Financial Instruments Directive” means directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.

• “the Solvency 2 Directive” means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II).

• (2) In this Part references to amounts in euros include references to equivalent amounts in another currency.

• (3) Terms used in this Part and in the Capital Requirements Regulation ... or the Markets in Financial Instruments Directive have the same meaning in this Part as in that Regulation or in that Directive.

PART 2 — SUPERVISORY AUTHORITIES

4

• (1) The following bodies are supervisory authorities—

• (a) the Commissioners for Her Majesty's Revenue and Customs;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the Financial Conduct Authority;

• (d) the Gambling Commission;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (g) the professional bodies listed in sub-paragraph (2).

• (2) The professional bodies referred to in sub-paragraph (1)(g) are—

• (a) the Association of Accounting Technicians;

• (b) the Association of Chartered Certified Accountants;

• (c) the Association of International Accountants;

• (d) the Association of Taxation Technicians;

• (da) the Chartered Institute of Legal Executives;

• (e) the Chartered Institute of Management Accountants;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the Chartered Institute of Taxation;

• (h) the Council for Licensed Conveyancers;

• (i) the Faculty of Advocates;

• (j) the Faculty Office of the Archbishop of Canterbury;

• (k) the General Council of the Bar;

• (l) the General Council of the Bar of Northern Ireland;

• (m) the Insolvency Practitioners Association;

• (n) the Institute of Certified Bookkeepers;

• (o) the Institute of Chartered Accountants in England and Wales;

• (p) the Institute of Chartered Accountants in Ireland;

• (q) the Institute of Chartered Accountants of Scotland;

• (r) the Institute of Financial Accountants;

• (s) the International Association of Book-keepers;

• (t) the Law Society;

• (u) the Law Society for Northern Ireland; and

• (v) the Law Society of Scotland.

PART 3 — POWER TO AMEND

5

• (1) The Treasury may by order amend Part 1 or 2 of this Schedule.

• (2) An order under sub-paragraph (1) must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 4 — Forfeiture Orders

Part I — England and Wales

Interpretation

1

In this Part of this Schedule—

• “forfeiture order” means an order made by a court in England and Wales under section 23 or 23A, and

• “forfeited property” means the money or other property to which a forfeiture order applies.

• “ relevant offence ” means— an offence under any of sections 15 to 18,an offence to which section 23A applies, orin relation to a restraint order, any offence within section 69(4) or (5) of the Sentencing Code (offences where terrorist connection to be treated as aggravating factor).

Implementation of forfeiture orders

2

• (1) Where a court in England and Wales makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—

• (a) require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;

• (b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

• (c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

• (d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23B(1).

• (2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

• (3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

• (4) Section 140 of the Magistrates’ Courts Act 1980 (disposal of non-pecuniary forfeitures) shall not apply.

3

• (1) A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c).

• (2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

• (3) A receiver appointed under paragraph 2 shall not be liable to any person in respect of any loss or damage resulting from action—

• (a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

• (b) which he would be entitled to take if the property were forfeited property, and

• (c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

• (4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.

4

• (1) In paragraphs 2 and 3 “the proper officer” means—

• (a) where the forfeiture order is made by a magistrates’ court, the designated officer for that court,

• (b) where the forfeiture order is made by the Crown Court and the defendant was committed to the Crown Court by a magistrates’ court, the designated officer for the magistrates’ court, and

• (c) where the forfeiture order is made by the Crown Court and the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933, the designated officer for the magistrates’ court for the place where the trial took place.

• (2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—

• (a) the prosecutor in the proceedings in which the forfeiture order was made,

• (b) the defendant in those proceedings, or

• (c) a person whom the court heard under section 23B(1) before making the order.

• (3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

Application of proceeds to compensate victims

4A

• (1) Where a court makes a forfeiture order in a case where—

• (a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

• (b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

• (2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

• (a) any forfeited money, and

• (b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 2(1)(d) or 3(1).

• (3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under Chapter 2 of Part 7 of the Sentencing Code under which the offender would have been required to pay compensation of an amount not less than the specified amount.

Restraint orders

5

• (1) The High Court may make a restraint order under this paragraph where—

• (a) proceedings have been instituted in England and Wales for a relevant offence,

• (b) the proceedings have not been concluded,

• (c) an application for a restraint order is made to the High Court by the prosecutor, and

• (d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

• (2) The High Court may also make a restraint order under this paragraph where—

• (a) a criminal investigation has been started in England and Wales with regard to a relevant offence,

• (b) an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and

• (c) it appears to the High Court that a forfeiture order may be made in any proceedings for the offence.

• (3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in any proceedings referred to in sub-paragraph (1) or (2).

• (4) An application for a restraint order may be made to a judge in chambers without notice.

• (5) In this paragraph a reference to dealing with property includes a reference to removing the property from Great Britain.

• (6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.

6

• (1) A restraint order shall provide for notice of it to be given to any person affected by the order.

• (2) A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

• (3) A restraint order made under paragraph 5(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

• (4) A restraint order made under paragraph 5(2) shall in particular be discharged on an application under sub-paragraph (2)—

• (a) if no proceedings in respect of relevant offences are instituted within such time as the High Court considers reasonable, and

• (b) if all proceedings in respect of relevant offences have been concluded.

7

• (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain.

• (2) Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.

8

• (1) The Land Charges Act 1972 and the Land Registration Act 2002—

• (a) shall apply in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances, and , except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders

• (b) shall apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

• (1) This paragraph applies where a restraint order is discharged under paragraph 6(4)(a).

• (2) This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for a relevant offence which—

• (a) do not result in conviction for a relevant offence,

• (b) result in conviction for a relevant offence in respect of which the person convicted is subsequently pardoned by Her Majesty, or

• (c) result in conviction for a relevant offence which is subsequently quashed.

• (3) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

• (4) The High Court may order compensation to be paid to the applicant if satisfied—

• (a) that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

• (b) that the person in default was or was acting as a member of a police force, or was a member of the Crown Prosecution Service or was acting on behalf of the Service,

• (c) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

• (d) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

• (5) The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.

• (6) Compensation payable under this paragraph shall be paid—

• (a) where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met, and

• (b) where the person in default was a member of the Crown Prosecution Service, or was acting on behalf of the Service, by the Director of Public Prosecutions.

10

• (1) This paragraph applies where—

• (a) a forfeiture order or a restraint order is made in or in relation to proceedings for a relevant offence, and

• (b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5).

• (2) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

• (3) The High Court may order compensation to be paid to the applicant if satisfied—

• (a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

• (b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

• (4) Compensation payable under this paragraph shall be paid by the Secretary of State.

. . .

Proceedings for an offence: timing

11

• (1) For the purposes of this Part of this Schedule proceedings for an offence are instituted—

• (a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 in respect of the offence;

• (b) when a person is charged with the offence after being taken into custody without a warrant;

• (c) when a bill of indictment charging a person with the offence is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933.

• (2) Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

• (3) For the purposes of this Part of this Schedule proceedings are concluded—

• (a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

• (b) when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

Domestic and overseas freezing orders

11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic freezing orders: certification

11B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sending domestic freezing orders

11C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overseas freezing orders

11D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of overseas freezing orders

11E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of orders made elsewhere in the British Islands

12

In the following provisions of this Part of this Schedule—

• “a Scottish order” means—an order made in Scotland under section 23 or 23A(“a Scottish forfeiture order”),an order made under paragraph 18 (“a Scottish restraint order”), oran order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;

• “a Northern Ireland order” means—an order made in Northern Ireland under section 23 or 23A(“a Northern Ireland forfeiture order”),an order made under paragraph 33 (“a Northern Ireland restraint order”), oran order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;

• “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—section 23 or 23A(“an Islands forfeiture order”),paragraph 5 (“an Islands restraint order”), orany other provision of this Part of this Schedule.

13

• (1) Subject to the provisions of this paragraph, a Scottish, Northern Ireland or Islands order shall have effect in the law of England and Wales.

• (2) But such an order shall be enforced in England and Wales only in accordance with—

• (a) the provisions of this paragraph, and

• (b) any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

• (3) On an application made to it in accordance with rules of court for registration of a Scottish, Northern Ireland or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court.

• (4) Rules of court shall also make provision—

• (a) for cancelling or varying the registration of a Scottish, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in England and Wales or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

• (b) for cancelling or varying the registration of a Scottish, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

• (5) If a Scottish, Northern Ireland or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) to give effect to a forfeiture order made by it and—

• (a) paragraph 3 shall apply accordingly,

• (b) any functions of the designated officer for a magistrates' court shall be exercised by the appropriate officer of the High Court, and

• (c) after making any payment required by virtue of paragraph 2(1)(d) or 3, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid by him to the Secretary of State.

• (6) If a Scottish, Northern Ireland or Islands restraint order is registered under this paragraph—

• (a) paragraphs 7 and 8 shall apply as they apply to a restraint order under paragraph 5, and

• (b) the High Court shall have power to make an order under section 33 of the Senior Courts Act 1981(extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for a Scottish, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

• (7) In addition, if a Scottish, Northern Ireland or Islands order is registered under this paragraph—

• (a) the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

• (b) proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, and

• (c) proceedings for or with respect to contravention of such an order, whether before or after such registration, may be taken as if the order had originally been made in the High Court.

• (8) The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of—

• (a) assisting the achievement in England and Wales of the purposes of a Scottish, Northern Ireland or Islands order, or

• (b) assisting a receiver or other person directed by a Scottish, Northern Ireland or Islands order to sell or otherwise dispose of property.

• (9) The following documents shall be received in evidence in England and Wales without further proof—

• (a) a document purporting to be a copy of a Scottish, Northern Ireland or Islands order and to be certified as such by a proper officer of the court by which it was made, and

• (b) a document purporting to be a certificate for purposes corresponding to those of paragraph 4(2) and (3) and to be certified by a proper officer of the court concerned.

Enforcement of orders made in designated countries

14

• (1) Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in England and Wales of external orders.

• (2) An “external order” means an order ... —

• (a) which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

• (b) which makes relevant provision.

• (3) “Relevant provision” means—

• (a) provision for the forfeiture of terrorist property (“an external forfeiture order”), or

• (b) 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 in the designated country or territory (“an external restraint order”).

• (4) An Order in Council under this paragraph may, in particular, include provision—

• (a) which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

• (b) for matters corresponding to those for which provision is made by, or can be made under, paragraph 13(1) to (8) in relation to the orders to which that paragraph applies;

• (c) for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

• (5) An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

• (6) An Order in Council under this paragraph—

• (a) may make different provision for different cases, and

• (b) shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Part II — Scotland

Implementation of forfeiture orders

15

In this Part of this Schedule—

• “forfeiture order” means an order made by a court in Scotland under section 23 or 23A, and

• “forfeited property” means the money or other property to which a forfeiture order applies.

• “relevant offence” means— an offence under any of sections 15 to 18,an offence to which section 23A applies, orin relation to a restraint order, any offence within section 31(4A) or (4B) of the Counter-Terrorism Act 2008 (offences where terrorist connection to be treated as aggravating factor).

16

• (1) Where a court in Scotland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—

• (a) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct;

• (b) appoint an administrator to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property and to realise it in such manner as the court may direct;

• (c) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid to a specified person falling within section 23B(1).

• (2) A forfeiture order shall not come into force so long as an appeal is pending against the order or against the conviction on which it was made; and for this purpose where an appeal is competent but has not been brought it shall be treated as pending until the expiry of a period of fourteen days from the date when the order was made.

• (3) Any balance remaining after making any payment required under sub-paragraph (1)(c) or paragraph 17 shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to the Treasury) as if it were a fine imposed in the High Court of Justiciary.

• (4) The clerk of court shall, on the application of—

• (a) the prosecutor in the proceedings in which a forfeiture order is made,

• (b) the accused in those proceedings, or

• (c) a person whom the court heard under section 23B(1) before making the order,

certify in writing the extent (if any) to which, at the date of the certificate, effect has been given to the order in respect of the money or other property to which it applies.

• (5) In sub-paragraph (1) references to the proceeds of the sale, disposal or realisation of property are references to the proceeds after deduction of the costs of sale, disposal or realisation.

Administrators

17

• (1) The Court of Session may by rules of court prescribe the powers and duties of an administrator appointed under paragraph 16.

• (2) An administrator appointed under paragraph 16 shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the Lord Advocate.

• (3) The accountant of court shall supervise an administrator appointed under paragraph 16 in the exercise of the powers conferred, and discharge of the duties imposed, on him under or by virtue of that paragraph.

• (4) An administrator appointed under paragraph 16 shall not be liable to any person in respect of any loss or damage resulting from action—

• (a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

• (b) which he would be entitled to take if the property were forfeited property, and

• (c) which he takes reasonably believing that he is entitled to take because of his belief that the property is forfeited property.

• (5) Sub-paragraph (4) does not apply in so far as the loss or damage is caused by the administrator’s negligence.

Application of proceeds to compensate victims

17A

• (1) Where a court makes a forfeiture order in a case where—

• (a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

• (b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

• (2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

• (a) any forfeited money, and

• (b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 16(1)(c) or 17(2).

• (3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995 under which the offender would have been required to pay compensation of an amount not less than the specified amount.

Restraint orders

18

• (1) The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where—

• (a) proceedings have been instituted in Scotland for a relevant offence,

• (b) the proceedings have not been concluded, and

• (c) a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence.

• (2) The Court of Session may also make a restraint order on such an application where—

• (a) a criminal investigation has been instituted in Scotland with regard to a relevant offence, and

• (b) it appears to the Court of Session that a forfeiture order may be made in any proceedings for the offence.

• (3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in any proceedings referred to in sub-paragraph (1) or (2).

• (4) An application for a restraint order may be made ex parte in chambers.

• (5) For the purposes of this paragraph, dealing with property includes removing the property from Great Britain.

• (6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.

19

• (1) A restraint order shall provide for notice of it to be given to any person affected by the order.

• (2) A restraint order may be recalled or varied by the Court of Session on the application of any person affected by it.

• (3) A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

• (3A) A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—

• (a) if no proceedings in respect of relevant offences are instituted within such time as the Court of Session considers reasonable, and

• (b) if all proceedings in respect of relevant offences have been concluded.

• (4) When proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the Court for recall of the order.

20

• (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain.

• (2) Property seized under this paragraph shall be dealt with in accordance with the Court’s directions.

21

• (1) On the application of the Lord Advocate, the Court of Session may, in respect of heritable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order.

• (2) Subject to this Part of this Schedule, a warrant under sub-paragraph (1)—

• (a) shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly;

• (b) shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the register of inhibitions and adjudications.

• (3) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under sub-paragraph (2)(a) as that section applies to an inhibition by separate letters or contained in a summons.

• (4) The execution of an inhibition under sub-paragraph (2) in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

• (5) No inhibition executed under sub-paragraph (2) shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for the inhibition has been granted has ceased to have effect in respect of that property, and the Lord Advocate shall—

• (a) apply for the recall, or as the case may be restriction, of the inhibition or arrestment accordingly; and

• (b) ensure that recall, or restriction, of an inhibition on such application is reflected in the register of inhibitions and adjudications.

22

• (1) On the application of the Lord Advocate, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.

• (2) A warrant under sub-paragraph (1) shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly.

• (3) The execution of an arrestment under sub-paragraph (2) in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

• (4) No arrestment executed under sub-paragraph (2) shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

23

• (1) This paragraph applies where a restraint order is recalled under paragraph 19(3A)(a).

• (2) This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for a relevant offence which—

• (a) do not result in conviction for an a relevant offence,

• (b) result in conviction for a relevant offence s in respect of which the person convicted is subsequently pardoned by Her Majesty, or

• (c) result in conviction for a relevant offence which is subsequently quashed.

• (3) A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

• (4) The Court of Session may order compensation to be paid to the applicant if it is satisfied—

• (a) that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

• (b) that the person in default was a constable of a police force or a constable acting with the powers of such a constable, or was a procurator fiscal or was acting on behalf of the Lord Advocate,

• (c) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or the restraint order, and

• (d) having regard to all the circumstances, it is appropriate to order compensation to be paid.

• (5) The Court of Session shall not order compensation to be paid where it appears to it that the proceedings for the offence would have been instituted even if the serious default had not occurred.

• (6) Compensation payable under this paragraph shall be paid—

• (a) where the person in default was a constable of a police force, by the Scottish Police Authority ;

• (b) where the person in default was a constable other than is mentioned in paragraph (a) above, but with the powers of such a constable, by the body under whose authority he acts; and

• (c) where the person in default was a procurator fiscal or was acting on behalf of the Lord Advocate, by the Lord Advocate.

• (7) This paragraph is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) to (c) of sub-paragraph (2).

24

• (1) This paragraph applies where—

• (a) a forfeiture order or a restraint order is made in or in relation to proceedings for a relevant offence, and

• (b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5) as applied by section 8(1).

• (2) A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

• (3) The Court of Session may order compensation to be paid to the applicant if satisfied—

• (a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

• (b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

• (4) Compensation payable under this paragraph shall be paid by the Secretary of State.

. . .

Proceedings for an offence: timing

25

• (1) For the purposes of this Part of this Schedule proceedings for an offence are instituted—

• (a) when a person is arrested for the offence,

• (b) when a warrant to arrest or cite a person is granted,

• (c) when an indictment or complaint is served on a person in respect of the offence.

• (2) Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

• (3) For the purposes of this Part of this Schedule proceedings are concluded—

• (a) when a 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 to extend the period within which an appeal may be made) there is no further possibility of a forfeiture order being made in the proceedings.

Domestic and overseas freezing orders

25A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic freezing orders: certification

25B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sending domestic freezing orders

25C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overseas freezing orders

25D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of overseas freezing orders

25E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of orders made elsewhere in the British Islands

26

In the following provisions of this Part of this Schedule—

• “an England and Wales order” means—an order made in England and Wales under section 23 or 23A (“an England and Wales forfeiture order”),an order made under paragraph 5 (“an England and Wales restraint order”), oran order made under any other provision of Part I of this Schedule in relation to an England and Wales forfeiture or restraint order;

• “a Northern Ireland order” means—an order made in Northern Ireland under section 23 or 23A (“a Northern Ireland forfeiture order”),an order made under paragraph 33 (“a Northern Ireland restraint order”), oran order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;

• “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—section 23 or 23A (“an Islands forfeiture order”),paragraph 18 (“an Islands restraint order”), orany other provision of this Part of this Schedule.

27

• (1) Subject to the provisions of this paragraph, an England and Wales order, Northern Ireland order or Islands order shall have effect in the law of Scotland.

• (2) But such an order shall be enforced in Scotland only in accordance with—

• (a) the provisions of this paragraph, and

• (b) any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

• (3) On an application made to it in accordance with rules of court for registration of an England and Wales order, Northern Ireland order or Islands order, the Court of Session shall direct that the order shall, in accordance with such rules, be registered in that court.

• (4) Rules of court shall also make provision—

• (a) for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in Scotland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies,

• (b) for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

• (5) If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph the Court of Session shall have, in relation to that order, the same powers as a court has under paragraph 16(1) above in relation to a forfeiture order made by it and paragraphs 16(3) to (5) and 17 apply accordingly.

• (6) If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph—

• (a) paragraphs 20 and 21 above shall apply as they apply to a restraint order, and

• (b) the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents, &c.) in relation to proceedings brought or likely to be brought for an England and Wales, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the Court of Session.

• (7) In addition, if an England and Wales order, Northern Ireland order or Islands order is registered under this paragraph—

• (a) the Court of Session shall have, in relation to its enforcement, the same power,

• (b) proceedings for or with respect to its enforcement may be taken, and

• (c) proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,

as if the order had originally been made in the Court of Session.

• (8) The Court of Session may also make such orders or do otherwise as seems to it appropriate for the purpose of—

• (a) assisting the achievement in Scotland of the purposes of an England and Wales order, Northern Ireland order or Islands order, or

• (b) assisting any receiver or other person directed by any such order to sell or otherwise dispose of property.

• (9) The following documents shall, in Scotland, be sufficient evidence of their contents—

• (a) a document purporting to be a copy of an England and Wales order, Northern Ireland order or Islands order and to be certified as such by a proper officer of the court by which it was made, and

• (b) a document purporting to be a certificate for purposes corresponding to those of paragraph 16(4) and to be certified by a proper officer of the court concerned.

• (10) Nothing in any England and Wales order, Northern Ireland order or Islands order prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.

Enforcement of orders made in designated countries

28

• (1) Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in Scotland of external orders.

• (2) An “external order” means an order ...—

• (a) which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

• (b) which makes relevant provision.

• (3) “Relevant provision” means—

• (a) provision for the forfeiture of terrorist property (“an external forfeiture order”); or

• (b) 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 in the designated country or territory (“an external restraint order”).

• (4) An Order in Council under this paragraph may, in particular, include provision—

• (a) which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced,

• (b) for matters corresponding to those for which provision is made by, or can be made under, paragraph 27(1) to (8) in relation to the orders to which that paragraph applies, and

• (c) for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

• (5) An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

• (6) An Order under this paragraph—

• (a) may make different provision for different cases, and

• (b) shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Part III — Northern Ireland

Interpretation

29

In this Part of this Schedule—

• “forfeiture order” means an order made by a court in Northern Ireland under section 23 or 23A, and

• “forfeited property” means the money or other property to which a forfeiture order applies.

• “ relevant offence ” means— an offence under any of sections 15 to 18, oran offence to which section 23A applies.

Implementation of forfeiture orders

30

• (1) Where a court in Northern Ireland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—

• (a) require any of the forfeited property to be paid or handed over to the proper officer or to a member of the Royal Ulster Constabulary designated for the purpose by the Chief Constable;

• (b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

• (c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

• (d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23B(1).

• (2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

• (3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

• (4) Article 58 of the Magistrates’ Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.

31

• (1) A receiver appointed under paragraph 30 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 30(1)(c).

• (2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

• (3) A receiver appointed under paragraph 30 shall not be liable to any person in respect of any loss or damage resulting from action—

• (a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

• (b) which he would be entitled to take if the property were forfeited property, and

• (c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

• (4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.

32

• (1) In paragraphs 30 and 31 “the proper officer” means—

• (a) where the forfeiture order is made by a court of summary jurisdiction, the clerk of petty sessions, and

• (b) where the forfeiture order is made by the Crown Court, the appropriate officer of the Crown Court.

• (2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—

• (a) the prosecutor in the proceedings in which the forfeiture order was made,

• (b) the defendant in those proceedings, or

• (c) a person whom the court heard under section 23B(1) before making the order.

• (3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

• (4) Any balance in the hands of the proper officer after making any payment required under paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of the Administration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) as if it were a fine.

Application of proceeds to compensate victims

32A

• (1) Where a court makes a forfeiture order in a case where—

• (a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

• (b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

• (2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

• (a) any forfeited money, and

• (b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 30(1)(d) or 31(1).

• (3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 under which the offender would have been required to pay compensation of an amount not less than the specified amount.

Restraint orders

33

• (1) The High Court may make a restraint order under this paragraph where—

• (a) proceedings have been instituted in Northern Ireland for a relevant offence,

• (b) the proceedings have not been concluded,

• (c) an application for a restraint order is made to the High Court by the prosecutor, and

• (d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

• (2) The High Court may also make a restraint order under this paragraph where—

• (a) a criminal investigation has been started in Northern Ireland with regard to a relevant offence,

• (b) an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and

• (c) it appears to the High Court that a forfeiture order may be made in any proceedings for the offence.

• (3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in any proceedings referred to in sub-paragraph (1) or (2).

• (4) An application for a restraint order may be made to a judge in chambers without notice.

• (5) For the purposes of this paragraph a reference to dealing with property includes a reference to removing the property from Northern Ireland.

• (6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.

34

• (1) A restraint order shall provide for notice of it to be given to any person affected by the order.

• (2) A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

• (3) A restraint order made under paragraph 33(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

• (4) A restraint order made under paragraph 33(2) shall in particular be discharged on an application under sub-paragraph (2)—

• (a) if no proceedings in respect of relevant offences are instituted within such time as the High Court considers reasonable, and

• (b) if all proceedings in respect of relevant offences have been concluded.

35

• (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Northern Ireland.

• (2) Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.

36

• (1) The power to make a restraint order under the provisions of paragraph 33 shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18.

• (2) In their application by virtue of sub-paragraph (1) paragraphs 33 to 35 shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.

• (3) An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 34.

37