F2C1C2Part I Confiscation of Proceeds of Drug Trafficking etc.
Pt. I modified (10.7.1991) by S.I. 1991/1467, art. 3(2), Schs. 2, 3 (with arts. 4-9) (as amended (S.) (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), ss. 61, 64, Sch. 3 para. 31 (with s. 63))
Power to extend conferred (E.W.) (3.2.1995) by 1994 c. 37, s. 37(2)(a)(ii)
Minor amendments, service, notice and interpretation
47F1 Interpretation of Part I.
1
In this Part of this Act (except where the context otherwise requires)—
“administrator” shall be construed in accordance with section 13 of this Act;
“associate” shall be construed in accordance with section 74 of the 1985 Act;
“authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947;
“confiscation order” has the meaning assigned by section 1(1) of this Act;
“designated country” shall be construed in accordance with section 30(2) of this Act;
“drug trafficking” has the meaning assigned by section 1(6) of this Act;
“implicative gift” shall be construed in accordance with section 6 of this Act;
“realisable property” shall be construed in accordance with section 5 of this Act;
“restraint order” has the meaning assigned by section 9 of this Act; and
“the 1985 Act” means the M1Bankruptcy (Scotland) Act 1985.
2
This Part of this Act shall (except where the context otherwise requires) be construed as one with the M21975 Act.
3
This Part of this Act applies to property whether it is situated in Scotland or elsewhere.
4
References in this Part of this Act—
a
to offences include a reference to offences commited before the commencement of section 1 of this Act; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence to which that section relates instituted before the commencement of that section;
b
to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection; and
c
to property held by a person include a reference to property vested in the interim or permanent trustee in his sequestration or in his trustee in bankruptcy or liquidator.
5
For the purposes of this Part of this Act (and subject to subsections (8) and (9) of section 30 of this Act), proceedings are concluded as regards an offence where—
a
the trial diet is deserted simpliciter;
b
the accused is acquitted or, under section 101 of the 1975 Act, discharged or liberated;
c
the High Court sentences or otherwise deals with him without making a confiscation order and without postponing a decision as regards making such an order;
d
after such postponement as is mentioned in paragraph (c) above, the High Court decides not to make a confiscation order;
e
his conviction is quashed; or
f
either the amount of a confiscation order made has been paid or there remains no liability to imprisonment in default of so much of that amount as is unpaid.
Pt. I (ss. 1-47) repealed (S.) (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 6, 16 and 17)