PART 1Proceeds of crime

CHAPTER 1Investigations

Unexplained wealth orders: Scotland

I26I1External assistance

After section 396S of the Proceeds of Crime Act 2002 (inserted by section 5 above) insert—

Unexplained wealth orders: enforcement abroad

396TEnforcement abroad: Scottish Ministers

1

This section applies if—

a

the Court of Session makes an unexplained wealth order in respect of any property,

b

it appears to the Scottish Ministers that the risk mentioned in section 396J(2) applies in relation to the property, and

c

the Scottish Ministers believe that the property is in a country outside the United Kingdom (the receiving country).

2

The Scottish Ministers may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

3

The Secretary of State may forward the request for assistance to the government of the receiving country.

4

A request for assistance under this section is a request to the government of the receiving country—

a

to secure that any person is prohibited from dealing with the property;

b

for assistance in connection with the management of the property, including with securing its detention, custody or preservation.

396UEnforcement abroad: receiver

1

This section applies if—

a

an interim freezing order has effect in relation to property, and

b

the receiver appointed under section 396P in respect of the property believes that it is in a country outside the United Kingdom (the receiving country).

2

The receiver may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

3

The Secretary of State must forward the request for assistance to the government of the receiving country.

4

A request for assistance under this section is a request to the government of the receiving country—

a

to secure that any person is prohibited from dealing with the property;

b

for assistance in connection with the management of the property, including with securing its detention, custody or preservation.