Anti-terrorism, Crime and Security Act 2001

3 (1) Part 2 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders under section 23 of that Act: Scotland) is amended as follows.

(2) In paragraph 18 (restraint orders) for sub-paragraph (2) substitute—

“(2) The Court of Session may also make a restraint order on such an application where—

(a) a criminal investigation has been instituted in Scotland with regard to an offence under any of sections 15 to 18, and

(b) it appears to the Court of Session that a forfeiture order may be made in any proceedings for the offence.”

(3) In paragraph 18(3) for “the proceedings” substitute “any proceedings”.

(4) In paragraph 18 after sub-paragraph (5) insert—

“(6) In this paragraph “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.”

(5) For paragraph 19(3) substitute—

“(3) A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(3A) A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a) if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the Court of Session considers reasonable, and

(b) if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.”

(6) In paragraph 23(1) for “19(3)(a)” substitute “19(3A)(a)”.