The Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 No. 1467 (S. 135)

SCHEDULE 3 PART I OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 AS MODIFIED, AS APPLIED IN RELATION TO EXTERNAL CONFISCATION ORDERS

Restraint orders

9.—(1) A restraint order is an order interdicting–

(a) the person in respect of whom it is made from dealing with his realisable property; or

(b) that person and any person named in the order as appearing to the Court of Session to have received from him an implicative gift from dealing with their own, or the other's, realisable property,

(whenever that property was acquired and whether it is described in the order or not); but the order may contain conditions and exceptions to which such interdict shall be subject.

(2) A restraint order may provide for the service on, or the provision of notice to, persons affected by the order in such manner as the Court of Session may direct.

(3) In subsection (1) above, the reference to “dealing with” property shall (without prejudice to the generality of the expression) be construed as including a reference–

(a) to making a payment in reduction of the amount of a debt; and

(b) to removing the property from Scotland.