Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/84

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Terrorism Act 2000
c. 1179

Sch. 4

(b) the Court of Session shall have the like power to make an order under section 1 of the 1972 c. 59.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,