S.L. 9.15 Art. 2Definitions. Cap. 460.

In these regulations, unless the context otherwise requires -"the Arrangement" means the Council Framework Decision 2006/783/JHA of 6 October, 2006 on the application of the principle of mutual recognition to confiscation orders as amended by Council Framework Decision 2009/299/JHA of 26 February 2009; "certificate" means the form, as contained in the Annex to the Arrangement, purporting to reproduce details setting out the information required by the same form, set out in Schedule 2;

"confiscation order" means a final penalty or measure imposed by a court on a natural or legal person, following proceedings in relation to a criminal offence or offences, resulting in the definitive deprivation of property; "Council Framework Decision 2005/212/JHA" means Council Framework Decision of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, set out in Schedule 4; "cultural objects forming part of the national cultural heritage" shall be defined in accordance with Article 1(1) of Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State;

"the European Union" means the European Union as referred to in the Treaty;

"executing State" means the Member State to which a confiscation order has been transmitted for the purpose of execution; "instrumentalities" means any property used, or intended to be used, in any manner, wholly or in part, to commit a criminal offence or offences; "issuing State" means the Member State in which a court has issued a confiscation order within the framework of criminal proceedings;

"proceeds" means any economic advantage derived from criminal offences, which may consist of any form of property;

"property" means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents and proceeds, or

(b) constitutes the instrumentalities of such an offence, or

(c) is liable to confiscation resulting from the application in the issuing State of any of the extended powers of confiscation specified in Article 3(1) and (2) of Framework Decision 2005/212/JHA, or

(d) is liable to confiscation under any other provisions relating to extended powers of confiscation under the law of the issuing State; "relevant offence" means:

(a) a scheduled offence; or

(b) any other offence liable to the punishment of imprisonment or of detention for a term of more than one year; "scheduled offence" is any offence in the list of offences set out in Schedule 1; "the Treaty" shall have the same meaning assigned to it by article 2 of the European Union Act.