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