2(1)A “corresponding foreign offence” means an act that—U.K.
(a)constituted an offence under the law in force in a country outside the United Kingdom, and
(b)corresponds to an offence to which this Part applies.
(2)For this purpose an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.
(3)An act corresponds to an offence to which this Part applies if—
(a)it would have constituted an offence to which this Part applies by virtue of section 41 if it had been done in any part of the United Kingdom, or
(b)it was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.
(4)On an application for a notification order the condition in sub-paragraph (3)(a) or (b) is to be taken to be met unless—
(a)the defendant serves on the applicant, not later than rules of court may provide, a notice—
(i)stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,
(ii)showing the defendant's grounds for that opinion, and
(iii)requiring the applicant to prove that the condition is met; or
(b)the court permits the defendant to require the applicant to prove that the condition is met without service of such a notice.
(5)In the application of this paragraph in Scotland, for “defendant” substitute “respondent”.
Commencement Information
I1Sch. 4 para. 2 in force at 1.10.2009 by S.I. 2009/1493, art. 2(b)