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Sch. 4

(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 43(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 IV
Insolvency: United Kingdom Provisions

General

45. In this Part of this Schedule—

“ancillary order” means an order made in connection with a forfeiture, other than the forfeiture order,

“forfeiture order” means—

(a) an order made in England and Wales, Scotland or Northern Ireland under section 23,

(b) an Islands forfeiture order within the meaning given in paragraph 12, 26 or 42, or

(c) an external forfeiture order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44,

“forfeited property” means the money or other property to which a forfeiture order applies, and

“restraint order” means—

(a) an order made under paragraph 5, 18 or 33,

(b) an Islands restraint order within the meaning given in paragraph 12, 26 or 42, or

(c) an external restraint order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44.

Protection of creditors against forfeiture

46.—(1) During the period of six months beginning with the making of a forfeiture order, the following shall not be finally disposed of under this Schedule—

(a) the money to which the order applies, and

(b) the money which represents any property to which the order applies.

(2) For the purposes of this paragraph money is finally disposed of under this Schedule when—