- action
includes action outside the Territory,
- ancillary order
means an order made in connection with a forfeiture, other than the forfeiture order, • “forfeiture order” means an order made in the Territory under article 15 or an external forfeiture order which is enforceable in the Territory by virtue of an order made by the Governor under paragraph 11, • “forfeited property” means the money or other property to which a forfeiture order applies, and • “restraint order” means an order made under paragraph 5 or an external restraint order which is enforceable in the Territory by virtue of an order made by the Governor under paragraph 11.
- article
includes substance and any other thing, • “Attorney General” means the Attorney General of the Territory and includes any person for the time being lawfully performing the functions of the Attorney General, • “constable” includes an officer of the police force of the Territory, and, in the application to Anguilla of the provisions of this Order relating to the disclosure of information, also includes the Reporting Authority constituted under the Money Laundering Reporting Authority Act of that territory, • “customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls, • “Director of Public Prosecutions” means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory, • “Governor” means the person for the time being lawfully administering the government of the Territory, • “immigration office
- Attorney General
means the Attorney General of the Territory and includes any person for the time being lawfully performing the functions of the Attorney General, • “constable” includes an officer of the police force of the Territory, and, in the application to Anguilla of the provisions of this Order relating to the disclosure of information, also includes the Reporting Authority constituted under the Money Laundering Reporting Authority Act of that territory, • “customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls, • “Director of Public Prosecutions” means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory, • “Governor” means the person for the time being lawfully administering the government of the Territory, • “immigration officer” means a person who, under the law of the Territor
- authorised officer
means a constable, a customs officer or an immigration officer, • “cash” has the meaning given by paragraph 1, • “criminal conduct” means conduct which constitutes an offence in the Territory, or would constitute an offence in the Territory if it occurred there, • “forfeiture order” has the meaning given by paragraph 7, • “interest” means— (a) in relation to land, any legal estate and any equitable interest or power, and (b) in relation to property other than land, includes any right (including a right to possession of the property), • “part”, in relation to property, includes a portion, • “property earmarked as terrorist property” is to be read in accordance with Part 5, • “property obtained through terrorism” has the meaning given by paragraph 11, • “terrorist cash” has the meaning given by paragraph 1, • “value” means market value.
- cash
has the meaning given by paragraph 1, • “criminal conduct” means conduct which constitutes an offence in the Territory, or would constitute an offence in the Territory if it occurred there, • “forfeiture order” has the meaning given by paragraph 7, • “interest” means— (a) in relation to land, any legal estate and any equitable interest or power, and (b) in relation to property other than land, includes any right (including a right to possession of the property), • “part”, in relation to property, includes a portion, • “property earmarked as terrorist property” is to be read in accordance with Part 5, • “property obtained through terrorism” has the meaning given by paragraph 11, • “terrorist cash” has the meaning given by paragraph 1, • “value” means market value.
- conduct
includes acts, omissions and statements;
- constable
includes an officer of the police force of the Territory, and, in the application to Anguilla of the provisions of this Order relating to the disclosure of information, also includes the Reporting Authority constituted under the Money Laundering Reporting Authority Act of that territory, • “customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls, • “Director of Public Prosecutions” means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory, • “Governor” means the person for the time being lawfully administering the government of the Territory, • “immigration officer” means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control, • “premises” includes any place and in particular includes a vehicle and
- criminal conduct
means conduct which constitutes an offence in the Territory, or would constitute an offence in the Territory if it occurred there, • “forfeiture order” has the meaning given by paragraph 7, • “interest” means— (a) in relation to land, any legal estate and any equitable interest or power, and (b) in relation to property other than land, includes any right (including a right to possession of the property), • “part”, in relation to property, includes a portion, • “property earmarked as terrorist property” is to be read in accordance with Part 5, • “property obtained through terrorism” has the meaning given by paragraph 11, • “terrorist cash” has the meaning given by paragraph 1, • “value” means market value.
- criminal investigation
means an investigation which police officers or others have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.
- customs officer
means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls, • “Director of Public Prosecutions” means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory, • “Governor” means the person for the time being lawfully administering the government of the Territory, • “immigration officer” means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control, • “premises” includes any place and in particular includes a vehicle and a tent or moveable structure, • “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, • “Supreme Court” means the court of the Territory, however styled, which possesses unlimited original j
- Director of Public Prosecutions
means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory, • “Governor” means the person for the time being lawfully administering the government of the Territory, • “immigration officer” means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control, • “premises” includes any place and in particular includes a vehicle and a tent or moveable structure, • “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, • “Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court), • “terrorist investigation” means a
- explosive
means—
- external insolvency practitioner
means a person exercising under the insolvency law of a designated country or territory (that is to say, a country or territory designated as mentioned in paragraph 11) functions corresponding to those exercised by insolvency practitioners under the insolvency law of the Territory,
- external order
means an order—
- financial institution
means—
- firearm
includes an air gun or air pistol, and
- forfeited property
means the money or other property to which a forfeiture order applies, and • “restraint order” means an order made under paragraph 5 or an external restraint order which is enforceable in the Territory by virtue of an order made by the Governor under paragraph 11.
- forfeiture order
means an order made by a court under article 15, and • “forfeited property” means the money or other property to which a forfeiture order applies.
- Governor
means the person for the time being lawfully administering the government of the Territory, • “immigration officer” means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control, • “premises” includes any place and in particular includes a vehicle and a tent or moveable structure, • “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, • “Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court), • “terrorist investigation” means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) an act which appears to have been done for the purposes of terrorism, or (c) the commission, preparation or instigation of an offence under this Order, and • “vehicle” includes an aircraft, hovercraft, train or vessel.
- immigration officer
means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control, • “premises” includes any place and in particular includes a vehicle and a tent or moveable structure, • “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, • “Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court), • “terrorist investigation” means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) an act which appears to have been done for the purposes of terrorism, or (c) the commission, preparation or instigation of an offence under this Order, and • “vehicle” includes an aircraft, hovercraft, train or vessel.
- information
includes documents;
- insolvency practitioner
means a person acting in any qualifying insolvency proceedings in the Territory as—
- interest
means— (a) in relation to land, any legal estate and any equitable interest or power, and (b) in relation to property other than land, includes any right (including a right to possession of the property), • “part”, in relation to property, includes a portion, • “property earmarked as terrorist property” is to be read in accordance with Part 5, • “property obtained through terrorism” has the meaning given by paragraph 11, • “terrorist cash” has the meaning given by paragraph 1, • “value” means market value.
- judge
means a judge of that Court.
- overseas investigation
means a terrorist finance criminal investigation (as defined in paragraph 3(7)) which is being, or will or may be, conducted by an authority of a country or territory outside the Territory;
- overseas proceedings
means terrorist finance criminal proceedings (as defined in paragraph 3(7)) which are taking place, or will or may take place, in a country or territory outside the Territory.
- premises
includes any place and in particular includes a vehicle and a tent or moveable structure, • “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, • “Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court), • “terrorist investigation” means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) an act which appears to have been done for the purposes of terrorism, or (c) the commission, preparation or instigation of an offence under this Order, and • “vehicle” includes an aircraft, hovercraft, train or vessel.
- property
includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, • “Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court), • “terrorist investigation” means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) an act which appears to have been done for the purposes of terrorism, or (c) the commission, preparation or instigation of an offence under this Order, and • “vehicle” includes an aircraft, hovercraft, train or vessel.
- property obtained through terrorism
has the meaning given by paragraph 11, • “terrorist cash” has the meaning given by paragraph 1, • “value” means market value.
- qualifying insolvency proceedings
means—
- relevant provision
means—
- restraint order
means an order made under paragraph 5 or an external restraint order which is enforceable in the Territory by virtue of an order made by the Governor under paragraph 11.
- specified public authority
means authority that is for the time being specified for the purposes of this paragraph by an order made by the Governor;
- specified public officer
means any person holding or acting in any office that is for the time being specified for the purposes of this paragraph by an order made by the Governor;
- Supreme Court
means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court), • “terrorist investigation” means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) an act which appears to have been done for the purposes of terrorism, or (c) the commission, preparation or instigation of an offence under this Order, and • “vehicle” includes an aircraft, hovercraft, train or vessel.
- terrorism
means the use or threat of action where—
- terrorist cash
has the meaning given by paragraph 1, • “value” means market value.
- terrorist finance criminal investigation
means an investigation of any conduct which— (a) constitutes one or more terrorist finance offences;
- terrorist finance criminal proceedings
means proceedings for a terrorist finance offence or for terrorist finance offences or, if they are proceedings outside the Territory, for an offence or offences substantially corresponding to a terrorist finance offence or to terrorist finance offences;
- terrorist finance offence
means an offence under any of articles 6 to 9.
- terrorist investigation
means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) an act which appears to have been done for the purposes of terrorism, or (c) the commission, preparation or instigation of an offence under this Order, and • “vehicle” includes an aircraft, hovercraft, train or vessel.
- terrorist property
means—
- the commencement of an insolvency
means—
- the court
means the Supreme Court and “judge” means a judge of that Court.
- the government
means the government of the Territory or of a country (or a part of a country) other than the Territory.
- the insolvency law of a designated country or territory
means so much of the law for the time being in force in that country or territory as corresponds to provisions falling within sub-paragraph (b).
- the insolvency law of the Territory
means the provisions of the law for the time being in force in the Territory relating to insolvency and includes any provisions of the law for the time being in force in the Territory relating to companies which regulate the disqualification of company directors, and
- the proper officer
means the person holding or acting in the office (however styled) of clerk to the court by which the forfeiture order was made.
- the relevant officer
means the proper officer within the meaning given in paragraph 4.
- the statutory maximum
means the fine prescribed by the law of the Territory, as for the time being in force, as the upper limit of the fines that a magistrates' court may impose on offenders in respect of any single criminal offence (disregarding any special provision authorising a greater fine to be imposed in respect of any particular offence) or, if the law of the Territory, as so in force, prescribes no such limit, means a fine of such amount (not being excessive in the circumstances of the case) as the court thinks fit.
- the Territory
means that territory.
- value
means market value.
- vehicle
includes an aircraft, hovercraft, train or vessel.