Court Of Judicature, Northern Ireland Citation, commencement and interpretation 1 1 These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No.2) 2011 and shall come into operation on 23rd May 2011. 2 In these Rules, “the principal Rules ” means the Rules of the Court of Judicature (Northern Ireland) 1980 , and an Order referred to by number means the Order so numbered in the principal Rules. Amendments to the principal Rules 2 Order 116 of the principal Rules shall be amended as follows— 1 In rule 1, after the definition of “prosecutor” insert— “domestic freezing order certificate” means a certificate made by the High Court under paragraph 41B of Schedule 4 in relation to property in a country other than the United Kingdom; “overseas freezing order” means an order received by the High Court in accordance with paragraph 41D of Schedule 4 in relation to property in the United Kingdom. ; 2 In the cross heading to rule 3, after “restraint order” insert “ and domestic freezing order certificate ”; 3 In rule 3— a in paragraph (1), after “paragraph 33 and 34” insert, “and, where relevant, a domestic freezing order certificate under paragraph 41B”; b for paragraph (2)(d), substitute— d to the best of the deponent’s ability, give full particulars of the property in respect of which the restraint order and, where relevant, the domestic freezing order certificate is sought, and specify the person or persons holding such property and any other person having an interest in it. ; c after paragraph (2), insert— 2A Where an application for a domestic freezing order certificate is made, the applicant shall— a prepare a draft of the certificate in accordance with paragraph 41B of Schedule 4; and b attach it to the application made under paragraph (1). ; 4 After rule 4(3), 4 Where a domestic freezing order certificate is made it shall be served with copies of the restraint order in accordance with paragraph (3). ; 5 In the cross heading to rule 5, after “restraint order”, insert “ and a domestic freezing order certificate ”; 6 In rule 5— a in paragraph (1) after “restraint order”, insert, “and, where relevant a domestic freezing order certificate”; b for paragraph (2), substitute— 2 The summons and any affidavit in support shall be lodged with the court and, where not the applicant, shall be served on— a the prosecution; b the defendant; and c any other person affected by the restraint order, and where relevant, the domestic freezing order certificate, not less than two clear days before the date fixed for hearing of the summons. ; c after paragraph (3), insert— 4 An order made under this rule which discharges or varies a domestic freezing order certificate, shall be sent to the Secretary of State in accordance with paragraph 41C of Schedule 4. 7 In rule 6— a in paragraph (1), after “restraint order” insert “and where relevant a domestic freezing order certificate,”; b in paragraph (3), after “defendant” insert “and any other person affected by the restraint order and, where relevant, the domestic freezing order,”; c in paragraph (4), after “restraint order”, insert “and, where relevant, a domestic freezing order”; d after paragraph (4), insert— 5 An order made under this rule which discharges or varies a domestic freezing order certificate, shall be sent to the Secretary of State in accordance with paragraph 41C of Schedule 4. ; 8 After rule 15, insert— Consideration by the court of an overseas freezing order 15A 1 Where an overseas freezing order has been received by the court, the court shall consider whether to give effect to the order— a save in exceptional circumstances, on the next business day after receipt of a copy of the order from the Secretary of State; and b in any event within 5 business days of receipt of the order. 2 The court shall not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of the Public Prosecution Service has been given an opportunity to make representations to the court either in writing or at a hearing. 3 In this rule— a “business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday; b “bank holiday” has the same meaning as in Order 3, rule 2(6). Giving effect to an overseas freezing order 15B Where the court makes an order to give effect to an overseas freezing order, the court shall register the order in accordance with rule 11. Notice of registration of an overseas freezing order 15C Where the court gives effect to an overseas freezing order, the court shall provide for notice of the registration of the order to be given to any persons affected by it. Application to cancel the registration of, or vary an overseas freezing order 15D An application under paragraph 41G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order shall be made to a judge by summons supported by affidavit. . Declan Morgan John Gillen F P Girvan W R B Stephens Tony Caher Mark Horner Paul R Maguire Dated 23rd March 2011 In exercise of the powers conferred by section 55A (3) of the Judicature (Northern Ireland) Act 1978, I allow these Rules. Kenneth Clarke Lord Chancellor Dated 4th April 2011