International Criminal Court Act 2006
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Registration of freezing orders. |
39.— (1) (a) Where a freezing order is made in relation to land, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Titles and Deeds a notice of the making of the order, together with a copy of the order. | |
(b) If it appears from the freezing order, or the Registrar is otherwise aware, that the land is registered land, the Registrar shall thereupon— | ||
(i) cause an entry to be made in the register kept under the Registration of Title Act 1964 inhibiting, until the order is discharged, any dealing with any registered land or charge which appears to be affected by it, and | ||
(ii) if the order is subsequently varied or discharged, cause the entry to be varied accordingly or cancelled, as the case may be. | ||
(c) Where paragraph (b) does not apply, the Registrar shall thereupon cause the notice of the making, variation or discharge of the freezing order to be registered in the Registry of Deeds pursuant to the Registration of Deeds Act 1707. | ||
(d) If and for as long as the offices of Registrar of Titles and the Registrar of Deeds are not held by the same person— | ||
(i) the reference in paragraph (a) to the Registrar of Titles and Deeds shall be construed as a reference to the Registrar of Titles and the Registrar of Deeds, | ||
(ii) the reference in paragraph (b) to the Registrar shall be construed as a reference to the Registrar of Titles, and | ||
(iii) the reference in paragraph (c) to the Registrar shall be construed as a reference to the Registrar of Deeds. | ||
(2) (a) Where a freezing order is made which affects an interest in a company or its property, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Companies a notice of the making of the order, together with a copy of the order. | ||
(b) On receipt of those documents the Registrar of Companies shall, if the company is a registered company, cause the notice to be entered in the Register of Companies and— | ||
(i) if the company is an existing company, as defined in section 2(1) of the Companies Act 1963 , send a copy of the notice to each director and the secretary of the company at the company's registered office, | ||
(ii) in any other case, send a copy of the notice by post to the person resident in the State who has been authorised to accept, on behalf of the company concerned, service of process and any notices required to be served on it. | ||
(c) In this subsection— | ||
“ Register of Companies ” means the Register of Companies maintained under the Companies Acts 1963 to 2005; | ||
“ registered company ” means— | ||
(i) a company formed and registered under those Acts, | ||
(ii) an existing company, as defined in section 2(1) of the Companies Act 1963 , or | ||
(iii) a company registered under Part XI of that Act or the European Communities (Branch Disclosure) Regulations 1993 ( S.I. No. 395 of 1993 ). |