The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999

10.  In section 30–

(a) for subsections (1) and (2) there shall be substituted the following subsections–

“(1) A restraint order may be made in respect of a person under section 28(1) where–

(a) proceedings have been instituted against a person in a designated country;

(b) the proceedings have not been concluded; and

(c) either an external forfeiture order has been made in the proceedings; or it appears to the Court of Session that there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.

(2) A restraint order may also be made where the Court of Session is satisfied that it is proposed to institute proceedings in a designated country in respect of an offence within 28 days and it appears to the Court that there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.”;

(b) in subsections (3) and (4) –

(i) for the word “court” wherever it appears there shall be substituted the words “Court of Session”;

(ii) for the word “prosecutor” wherever it appears there shall be substituted the words “Lord Advocate”;

(c) for subsection (5) there shall be substituted the following subsection–

“(5) For the purposes of this section, proceedings are concluded as regards an offence in the circumstances set out in article 2(3) of the 1999 Order.”.