The Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991
1Citation and commencement
2Interpretation
3Designation of and application of the Act to countries and territories
4Proof of orders and judgment of court in a designated country
5Evidence in relation to proceedings and orders in a designated country
6Certificate as to appropriate authority of a designated country
7Representation of government of a designated country
8Satisfaction of confiscation order in a designated country
9Currency conversion
SCHEDULE 1
SCHEDULE 2MODIFICATIONS OF PART I OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 IN ITS APPLICATION TO EXTERNAL CONFISCATION ORDERS
1For section 1 there shall be substituted the following section:–...
2Sections 2 to 4 shall be omitted.
3In section 5– (a) for subsection (1) there shall be...
4In section 6(1)– (a) for the words “section 1 of...
5For section 7 there shall be substituted the following section:–...
6In section 8– (a) for subsection (1) there shall be...
7In section 9– (a) In subsection (1) the words “,...
8In section 10, for subsection (1) there shall be substituted...
9After section 10 there shall be inserted the following section:–...
10In section 11, subsection (6) shall be omitted.
11In section 13– (a) in paragraph (b) of subsection (1)...
12In section 14, for paragraph (c) of sub-section (1) there...
13In section 15 for subsection (3) there should be substituted...
14In section 16– (a) in subsection (1)–
15In section 23– (a) in subsection (2) for the words...
16Sections 25 to 30 and 31 and 32 shall be...
17In section 33– (a) in subsection (2)–
18In section 34– (a) in subsection (2) for the words...
19In subsection (2) of section 35, for the words “,...
20In section 35, for subsection (4) there shall be substituted...
21In subsection (2) of section 37 the words “or (3)...
22Sections 38 to 41 shall be omitted.
23Sections 42 to 44 shall be omitted.
24In section 45– (a) in subsection (1) the word “external”...
25In section 47– (a) in subsection (1)–
26After section 47 there shall be inserted the Appendix set...
SCHEDULE 3PART I OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 AS MODIFIED, AS APPLIED IN RELATION TO EXTERNAL CONFISCATION ORDERS
1External confiscation orders
5Realisable property
6Implicative gifts
7Application of provisions relating to fines to enforcement of external confiscation orders
8Cases in which restraint orders may be made
9Restraint orders
10Seizure of property affected by restraint order
10AApplications for restraint orders
11Inhibition and arrestment of property affected by restraint order or by interdict under section 12
12Interdict of person not subject to restraint order
13Administrators
14Functions of administrators
15Money received by administrator
16Application of proceeds of realisation and other sums
17Supervision of administrators
18Accounts and remuneration of administrator
19Effect of appointment under section 13 on diligence
20Further provision as to administrators
21Discharge of administrator
22Rules of court as regards accountant of court’s supervision etc. of administrators
23Exercise of powers by Court of Session or administrator
24Power to facilitate realisation
30ARegistration of external confiscation orders
33Sequestration of person holding realisable property
34Bankruptcy in England and Wales of person holding realisable property
35Winding up company holding realisable property
36Property subject to floating charge
37Insolvency practitioners dealing with property subject to restraint order
45Minor amendments in relation to drug trafficking
46Service and notice for purposes of Part I
47Interpretation of Part I
APPENDIXINSTITUTION OF PROCEEDINGS
1991 No. 1467 (S.135)
CRIMINAL LAW, SCOTLAND

The Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991

Made
Coming into force

At the Court at Buckingham Palace, the 26th day of June 1991

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 30 of the Criminal Justice (Scotland) Act 19871, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: