Part I Confiscation of Proceeds of Drug Trafficking etc.
Reciprocal arrangements for enforcement of confiscation orders
27 Recognition and enforcement of orders under Drug Trafficking Offences Act 1986.
1
An order to which this section applies shall, subject to this section and section 28 of this Act, have effect in the law of Scotland but shall be enforced in Scotland only in accordance with this section and that section.
2
A receiver’s functions under or for the purposes of section 8, 11 or 12 of the Drug Trafficking Offences Act 1986 shall, subject to this section and section 28 of this Act, have effect in the law of Scotland.
3
If an order to which this section applies is registered under this section—
a
the Court of Session shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in that Court.
4
Nothing in this section enables any provision of an order which empowers a receiver to do anything in Scotland under section 11(3)(a) of the said Act of 1986 to have effect in the law of Scotland.
5
The orders to which this section applies are orders of the High Court (within the meaning that expression has in relation to England and Wales)—
a
made under sections 8, 11, 12 or 30 of the said Act of 1986,
b
relating to the exercise by that Court of its powers under those sections, or
c
relating to receivers in the performance of their functions under section 8, 11 or 12 of that Act,
but not including an order in proceedings for enforcement of any such order.
6
References in this section to an order under section 8 of the said Act of 1986 include references to a discharge under section 7(4) of that Act of such an order.
7
In this section and in section 28 of this Act, “order” means any order, direction or judgment (by whatever name called).
8
Nothing in any order of the High Court (within the meaning mentioned in subsection (5) above) under section 11(6) of the said Act of 1986 prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.
Reciprocal arrangements for enforcement of confiscation orders
27 Recognition and enforcement of orders under Drug Trafficking Offences Act 1986.
1
An order to which this section applies shall, subject to this section and section 28 of this Act, have effect in the law of Scotland but shall be enforced in Scotland only in accordance with this section and that section.
2
A receiver’s functions under or for the purposes of section 8, 11 or 12 of the Drug Trafficking Offences Act 1986 shall, subject to this section and section 28 of this Act, have effect in the law of Scotland.
3
If an order to which this section applies is registered under this section—
a
the Court of Session shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in that Court.
4
Nothing in this section enables any provision of an order which empowers a receiver to do anything in Scotland under section 11(3)(a) of the said Act of 1986 to have effect in the law of Scotland.
5
The orders to which this section applies are orders of the High Court (within the meaning that expression has in relation to England and Wales)—
a
made under sections 8, 11, 12 or 30 of the said Act of 1986,
b
relating to the exercise by that Court of its powers under those sections, or
c
relating to receivers in the performance of their functions under section 8, 11 or 12 of that Act,
but not including an order in proceedings for enforcement of any such order.
6
References in this section to an order under section 8 of the said Act of 1986 include references to a discharge under section 7(4) of that Act of such an order.
7
In this section and in section 28 of this Act, “order” means any order, direction or judgment (by whatever name called).
8
Nothing in any order of the High Court (within the meaning mentioned in subsection (5) above) under section 11(6) of the said Act of 1986 prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.