Basic HTML Version
843
Kanunları ve Tercümeleri
(b) gives the specified information.
(4) If the High Court makes a certificate under this paragraph—
(a) the restraint order must provide for notice of the certificate to be given to the per-
son affected by it, and
(b) paragraph 34(2) to (4) applies to the certificate as it applies to the restraint order.
Sending domestic freezing orders
41C (1) If a certificate is made under paragraph 41B, the restraint order and the certificate are
to be sent to the Secretary of State for forwarding to—
(a) a court exercising jurisdiction in the place where the property is situated, or
(b) any authority recognised by the government of the participating country as the
appropriate authority for receiving orders of that kind.
(2) The restraint order and the certificate must be accompanied by a forfeiture order, unless
the certificate indicates when the court expects a forfeiture order to be sent.
(3) The certificate must include a translation of it into an appropriate language of the partici-
pating country (if that language is not English).
(4) The certificate must be signed by or on behalf of the court and must include a statement
as to the accuracy of the information given in it. The signature may be an electronic signature.
(5) If the restraint order and the certificate are not accompanied by a forfeiture order, but a
forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as
mentioned in sub-paragraph (1).
Overseas freezing orders
41D (1) Paragraph 41E applies where an overseas freezing order made by an appropriate co-
urt or authority in a participating country is received by the Secretary of State from the court or
authority which made or confirmed the order.
(2) An overseas freezing order is an order prohibiting dealing with property—
(a) which is in the United Kingdom,
(b) which the appropriate court or authority considers is likely to be used for the purpo-
ses of a listed offence or is the proceeds of the commission of such an offence, and
(c) in respect of which an order has been or may be made by a court exercising criminal