28(1)The Proceeds of Crime (Scotland) Act 1995 is amended as follows.
(2)The following provisions in the Act shall cease to have effect—
(a)Part I, except section 2(7);
(b)in section 28, subsections (1)(a) and (2) and in subsection (5) the words “(including a restraint order made under and within the meaning of the 1994 Act)”;
(c)section 29;
(d)in section 31, subsection (2) and in subsection (4) the words “or (2)”;
(e)sections 35 to 39;
(f)in section 40, subsections (1)(a), (2) and (4);
(g)in section 42, subsections (1)(a) and (b);
(h)in section 43, in subsection (1) the words “, confiscation order” and subsection (2);
(i)in section 45, subsection (1)(a);
(j)section 47;
(k)in section 49, in subsection (1) the definitions of “the 1988 Act”, “the 1994 Act” and “confiscation order” and subsection (4).
(3)The following provisions in Schedule 1 to the Act shall cease to have effect—
(a)in paragraph 1(1)(b) the words “or a confiscation order”, in paragraph 1(2)(a) the words “subject to paragraph (b) below”, paragraph 1(2)(b) and in paragraph 1(3)(a)(i) the words “or confiscation order”;
(b)in paragraph 2(1)(a) the words “, and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made”;
(c)paragraph 4;
(d)in paragraph 5(1) the words “Part I of”;
(e)in paragraph 8(2) the words “, unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4)(b) above,”;
(f)in paragraph 10(1) the words “or the recipient of a gift caught by Part I of this Act or an implicative gift” and paragraphs 10(2) and 10(3);
(g)in paragraph 12(1)(a) the words “paragraph (a) or (b) of section 4(1) or”.
(4)The following provisions in Schedule 2 to the Act shall cease to have effect—
(a)in paragraph 1(2) the words “and 35 to 38”;
(b)in paragraph 2, in sub-paragraph (1) the words“realisable or”, in sub-paragraph (2) the words“and 35 to 38”, sub-paragraph (5).
(c)in paragraph 3(2) the words“and 35 to 38” and paragraphs 3(4) and (5);
(d)in paragraph 4(2) the words “and 35 to 38”;
(e)paragraph 6(2)(a).
(5)In section 28(9) (restraint orders) for “Subsections (2)(a) and” substitute “ Subsection ”.
(6)In section 42 (enforcement) in subsections (2)(a), (c) and (d) for “Part I,” substitute “ Part ”.
Commencement Information
I1Sch. 11 para. 28 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7)
I2Sch. 11 para. 28(1) in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I3Sch. 11 para. 28(1)(2)(e)(g) in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
I4Sch. 11 para. 28(2)(a) in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)