SCHEDULES

SCHEDULE 2Terrorist property: amendments

PART 2Restraint orders

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) ”.