The Rules of the Court of Judicature (Northern Ireland) (Amendment No.2) 2011
These rules amend Order 116 of the Rules of the Court of Judicature (NI) 1980 (S.R. 1980 No. 346) (‘the principal Rules’) to take account of amendments made to Schedule 4 of the Terrorism Act 2000 by section 90 of, and Schedule 4 to, the Crime International Co-operation Act 2003, which provide for the mutual recognition of freezing orders between participating European Union countries.Rule 2(1) amends rule 1 of Order 116 to insert definitions in respect of a domestic freezing order certificate and an overseas freezing order;Rule 2(2) amends the cross heading to rule 3 (Application for restraint order) to insert reference to a domestic freezing order certificate.Rule 2(3) amends rule 3 of Order 116, to prescribe the procedure to be followed in respect of an application for a restraint order, and where relevant, a domestic freezing order certificate;Rule 2(4) inserts new rule 4(4) into Order 116 to require a copy of a restraint order to be attached to the domestic freezing order certificate when served;Rule 2(5) amends the cross heading to rule 5 of Order 116 (discharge or variation of a restraint order) to insert reference to a domestic freezing order certificate;Rule 2(6) amends rule 5 of Order 116 to allow a person who is the subject of, or affected by a domestic freezing order certificate to make an application to the court to vary or discharge the order;Rule 2(7) amends rule 6 of Order 116 to allow the prosecution to apply, in urgent cases, to vary or discharge the domestic freezing order certificate;Rule 2(8) inserts new rules 15A-15D into Order 116 to prescribe—the timescale by which the High Court, on receipt of an overseas freezing order certificate from the Secretary of State, must consider whether to give effect to the order;the procedure for registering that order in court; andthe procedure to vary or cancel the registration of an overseas freezing order.