PART 1Proceeds of crime
CHAPTER 1Investigations
Unexplained wealth orders: Scotland
I26I1External assistance
After section 396S of the Proceeds of Crime Act 2002 (inserted by section 5 above) insert—
Unexplained wealth orders: enforcement abroad
396TEnforcement abroad: Scottish Ministers
1
This section applies if—
a
the Court of Session makes an unexplained wealth order in respect of any property,
b
it appears to the Scottish Ministers that the risk mentioned in section 396J(2) applies in relation to the property, and
c
the Scottish Ministers believe that the property is in a country outside the United Kingdom (the receiving country).
2
The Scottish Ministers may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.
3
The Secretary of State may forward the request for assistance to the government of the receiving country.
4
A request for assistance under this section is a request to the government of the receiving country—
a
to secure that any person is prohibited from dealing with the property;
b
for assistance in connection with the management of the property, including with securing its detention, custody or preservation.
396UEnforcement abroad: receiver
1
This section applies if—
a
an interim freezing order has effect in relation to property, and
b
the receiver appointed under section 396P in respect of the property believes that it is in a country outside the United Kingdom (the receiving country).
2
The receiver may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.
3
The Secretary of State must forward the request for assistance to the government of the receiving country.
4
A request for assistance under this section is a request to the government of the receiving country—
a
to secure that any person is prohibited from dealing with the property;
b
for assistance in connection with the management of the property, including with securing its detention, custody or preservation.