SCHEDULE 3 MODIFICATION OF PARTS II, III AND V OF THE ACT IN ITS APPLICATION TO EXTERNAL FORFEITURE ORDERS

PART V MISCELLANEOUS AND GENERAL
13 In section 44–
(a) in subsection (1) the words “realisable or” shall be omitted;
(b) in subsection (2) for the words “a suspended” there shall be substituted the words “an external”.
14 In section 45–
(a) subsection (1) (a) shall be omitted;
(b) for the word “court” wherever it appears there shall be substituted the words “Court of Session”.
15 Section 46 to 48 shall be omitted.
16 In section 49–
(a) for subsection (1) there shall be substituted the following subsection–

“(1) In this Act, unless the context otherwise requires–
“the 1999 Order” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999;
“the accused” means a person against whom an external forfeiture order has been made, or a person against whom proceedings which may result in an external forfeiture order being made have been, or are to be, instituted in a court of a designated country;
“designated country” means a country or territory designated by virtue of article 3 of the 1999 Order;
“interest” in relation to property, includes right;
“property” means any property wherever situated, whether heritable or moveable or whether corporeal or incorporeal;
“restraint order” means an order made under section 28 of this Act;
“external forfeiture order” has the meaning assigned by article 2(1) of the 1999 Order.”

;
(b) in subsection (5) for the words “means any of the following” there shall be substituted the words “means any offence corresponding to or similar to”;
(c) for subsection (6) there shall be substituted the following subsection–

“(6) For the purpose of this Act proceedings for an offence are instituted against a person in the circumstances set out in Article 2(2) of the 1999 Order.”

.
17 Section 50 shall be omitted.
18 In Schedule 1–
(a) in paragraph 1(1) for the words “prosecutor the court” there shall be substituted the words “Lord Advocate the Court of Session”;
(b) in paragraph 1(1) (b) for the word “made” there shall be substituted the word “registered”;
(c) for the word “court” wherever else it appears there shall be substituted the words “Court of Session”;
(d) for the words “a suspended” and “the suspended” there shall be substituted the words “an external” and “the external” respectively;
(e) the words “or a confiscation order” and “or confiscation order” in paragraphs 1(1) and (3) shall be omitted;
(f) in paragraph 2(1) (a) the words “and if appointed (or empowered) under paragraph 1(1) (b) above where a confiscation order has been made shall as soon as practicable take possession of,” shall be omitted;
(g) paragraph 4 shall be omitted;
(h) paragraph 5 shall be omitted;
(i) in paragraph 8(2) the words “, unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4) (b) above,” shall be omitted;
(j) paragraphs 10 and 11 shall be omitted.
19 In Schedule 2–
(a) the words “realisable or” wherever they appear shall be omitted;
(b) for the words “sections 28 to 33 and 33 to 38” wherever they appear there shall be substituted the words “section 28 and 30 to 33”;
(c) in paragraph 1(2) the words “and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act” shall be omitted;
(d) paragraphs 1(5) and 2(5) shall be omitted;
(e) paragraph 6(1) (a) shall be omitted.