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.