Terrorism
(Enforcement of British Islands Orders) Rules 2003
1 Interpretation
In
these Rules –
“Law” means the Terrorism (Jersey) Law 2002;
“order” means an English, Scottish, Northern Irish or
Islands order (as the case may be) within the meaning of paragraph 9 of Schedule 3;
“Schedule 3” means Schedule 3 to the Law.
2 Application for registration
(1) An application by a
person or body seeking registration in the Royal Court of an order shall be
made on behalf of that person or body by the Attorney General on an ex parte application to the Bailiff in chambers.
(2) An application under paragraph (1)
shall be supported by an affidavit made by or on behalf of the person or body
seeking registration –
(a) exhibiting
the order to which the application relates or a copy of it which satisfies the
requirements of paragraph 10(9) of Schedule 3; and
(b) that,
to the best of the deponent’s ability, gives particulars of such money or
other property in respect of which the order is made as is in Jersey and
identifies any person holding such money or other property.
(3) Unless the Bailiff
otherwise directs, an affidavit for the purposes of this Rule may contain
statements of information or belief with the sources and grounds thereof.
3 Notice of registration
(1) The Act of the Royal Court
directing that an order be registered in the Royal Court shall provide for
notice to be given to the persons affected by the registration of the order.
(2) Service of such notice
out of the jurisdiction –
(a) is
permissible without leave; and
(b) shall
be effected by registered post,
unless the Bailiff otherwise directs.
4 Application to vary or set aside registration
(1) An application to vary
or set aside the registration of an order may be made to the Royal Court by
representation supported by affidavit.
(2) If an application under
paragraph (1) is non-contentious it may be made to the Bailiff alone in
chambers.
(3) This Rule does not
apply to a variation or cancellation under Rule 5.
5 Variation and cancellation of registration
If effect has been given
(whether in Jersey or elsewhere) to an order, or if the order has been varied
or discharged by the court by which it was made, the person or body who sought
registration shall notify the Attorney General who shall inform the Bailiff and –
(a) if such effect has been
given in respect of all the money or other property to which the order applies,
or if the order has been discharged by the court by which it was made,
registration of the order shall be cancelled; or
(b) if such effect has been
given in respect of only part of the money or other property, or if the order
has been varied by the court by which it was made, registration of the order
shall be varied accordingly.
6 Citation
These Rules may be cited as
the Terrorism (Enforcement of British Islands Orders) Rules 2003.