International Criminal Court Act 2006

PART 4

Requests to Freeze Assets and Enforce Orders of International Criminal Court

Interpretation ( Part 4 ).

37.— In this Part, unless the context otherwise requires—

“ Act of 1988 ” means the Bankruptcy Act 1988 ;

“ defendant ” means a person in relation to whom the Minister has received a request from the International Criminal Court for the freezing of property or the enforcement of an ICC order;

“ enforceable ICC order ” means an ICC order in relation to which an enforcement order has been made;

“ enforcement order ” means an order under section 40 (3) for the enforcement of an ICC order;

“ freezing order ” means an order under section 38 (4);

“ gift caught by this Part ” means a gift—

(a) which was made by the defendant in proceedings for an ICC offence at any time after the commission of the offence or, if there is more than one such offence, the earliest of the offences to which the proceedings for the time being relate, and

(b) which the court considers it appropriate in all the circumstances to take into account;

“ ICC order ” has the meaning given to it by section 40 (1);

“ realisable property ” means—

(a) any property held by a defendant, and

(b) any property held by a person to whom a defendant has directly or indirectly made a gift caught by this Part,

but does not include any property subject to—

(i) an order under section 4 or 4A of the Proceeds of Crime Act 1996 ,

(ii) forfeiture under an enforceable ICC order,

(iii) an order under section 30 (forfeiture orders) of the Misuse of Drugs Act 1977 ,

(iv) a confiscation order, or a forfeiture order, within the meaning of the Act of 1994, or

(v) a confiscation co-operation order or an external forfeiture order, as referred to in section 46 or 47 of that Act;

“ registered land ” means land whose owner is, or is deemed to be, registered under the Registration of Title Act 1964 .