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

Application of proceeds of realisation and other sums

16.—(1) Subject to subsection (2) below, sums in the hands of an administrator which are–

(a) proceeds of a realisation of property under section 13 of this Act, and

(b) other property held by the person in respect of whom the external confiscation order was made,

shall first be applied in payment of such expenses as are payable under section 37(2) of this Act and then shall, after such payments (if any) as the Court of Session may direct have been made out of those proceeds and sums, be paid to the Court of Session and applied for the purposes specified in subsection (3) below and in the order so specified.

(2) Where a fixed amount is payable under the external confiscation order and after that amount has been fully paid, any such proceeds and sums remain in the hands of the administrator, he shall distribute them–

(a) among such of those who held property which has been realised under this Act, and

(b) in such proportions,

as the Court of Session may, after giving such persons an opportunity to be heard as regards the matter, direct.

(3) The sheriff clerk shall apply any sum received on account of an amount payable under an external confiscation order–

(a) first in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act, but which were not paid to him under subsection (1) above;

(b) next, in payment of the administrator’s remuneration and expenses,

(c) next, in reimbursement of any sums paid by the Lord Advocate under section 20(2) of this Act,

and any sums remaining after all the payments required to be made under the foregoing provisions of this section have been made shall be paid into the Consolidated Fund.