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

Minor amendments in relation to drug trafficking

45.—(1) Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under external confiscation orders were debts excepted under subsection (1)(a) of that section.

(2) Section 281(4) of the Insolvency Act 1986 (discharge of bankrupt not to release him from liabilities in respect of fines, etc) shall have effect as if the reference to a fine included a reference to an external confiscation order.

(3) In the 1985 Act–

(a) in section 5(4) (interpretation)–

(i) after the words “future debts” there shall be inserted the words “or amounts payable under an external confiscation order”; and

(ii) at the end there shall be added the words “; and in the foregoing provisions of this subsection “external confiscation order” has the meaning assigned by section 1(1) of the Criminal Justice (Scotland) Act 1987”;

(b) in section 7(1) (constitution of apparent insolvency)–

(i) in paragraph (b), at the beginning there shall be inserted the words “not being a person whose property is for the time being affected by a restraint order or subject to an external confiscation order,”;

(ii) in paragraph (c), after the words “became due” there shall be inserted the words “or that but for his property being affected by a restraint order or subject to an external confiscation order, he would be able to do so”; and

(iii) at the end there shall be added the words “In paragraph (d) above “liquid debt” does not include a sum payable under an external confiscation order”, and in the foregoing provisions of this subsection–

• “external confiscation order” has the meaning assigned by section 1(1) of the Criminal Justice (Scotland) Act 1987; and

• “restraint order” has the meaning assigned by section 9 of the said Act of 1987; and

(c) section 55(2) (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to an external confiscation order.