TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 114

1977 c. 45.

1975 c. 21.

Restriction of Evidence (Proceedings in Other

Jurisdictions) Act 1975.

1975 c. 34.

Restriction on enforcement of certain

overseas

judgments.

1920 c. 81.

1933 c. 13.

4

Protection of Trading Interests

(2) A person who is neither a citizen of the United Kingm and Colonies nor a body corporate incorporated in the United Kingdom shall not be guilty of an offence under subsection (1) above by reason of anything done or omitted outside the United Kingdom in contravention of directions under section 1(3) or 5 2(1) above.

(3) No proceedings for an offence under subsection (1) above shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for 10 Northern Ireland.

(4) Proceedings against any person for an offence under this section may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.

(5) In subsection (1) above

means-

"the statutory maximum"

15

(a) in England and Wales and Northern Ireland, the pre- scribed sum within the meaning of section 28 of the Criminal Law Act 1977 (at the passing of this Act 20 £1,000);

(b) in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000);

and for the purposes of the application of this subsection in 25 Northern Ireland the provisions of the said Act of 1977 relating to the sum mentioned in paragraph (a) shall extend to Northern Ireland.

4. A court in the United Kingdom shall not make an order under section 2 of the Evidence (Proceedings in Other Juris- 30 dictions) Act 1975 for giving effect to a request issued by or on behalf of a court or tribunal of an overseas country if it is shown that the request infringes the jurisdiction of the United Kingdom or is otherwise prejudicial to the sovereignty of the United Kingdom; and a certificate signed by or on behalf of the Secre- 35 tary of State to the effect that it infringes that jurisdiction or is so prejudicial shall be conclusive evidence of that fact.

5.-(1) A judgment to which this section applies shall not be registered under Part II of the Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforce- 40 ment) Act 1933 and no court in the United Kingdom shall entertain proceedings at common law for the recovery of any sum payable under such a judgment.