The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment (No.2) Order 1993

Statutory Instruments

1993 No. 3155 (S.304)

CRIMINAL LAW, SCOTLAND

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment (No.2) Order 1993

Made

16th December 1993

Laid before Parliament

10th January 1994

Coming into force

1st February 1994

At the Court at Buckingham Palace, the 16th day of December 1993

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment (No.2) Order 1993 and shall come into force on 1st February 1994.

(2) In this Order “the principal Order” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991(2).

2.  Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(3)(a) of that Order) shall be amended by inserting, after the entry relating to Montserrat, the following:–

“Netherlands

(a) when a pre-trial financial investigation has been initiated; (b) when the provisional measure has been ordered by an investigating magistrate; (c) when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted; (d) when a public prosecutor has laid an indictment”

3.  Schedule 2 to the principal Order shall be amended as follows:–

(a) by inserting, in the appropriate alphabetical position, the entries for those countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for a country or territory);

(b) by deleting the entry specifying the appropriate authority for Switzerland; and

(c) by inserting, opposite the entry for Switzerland, the following entry:–

“Office federal de la police”.

N.H. Nicholls

Clerk of the Privy Council

Article 3

SCHEDULE DESIGNATED COUNTRIES

Designated Country	Appropriate Authority
Armenia
Azerbaijan
Bosnia and Herzegovina
Brunei
Colombo	the Fiscalia General de la Nacion
Croatia
Dominica
Dominican Republic
El Salvador
Macedonia
Mauritania
Netherlands	Afdeling Internationale Rechtshulp
Slovakia
Zambia
Zimbabwe

Explanatory Note

(This note is not part of the Order)

This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991 (S.I. 1991/1468). The 1991 Order provides for the enforcement in Scotland of orders made by a court in a designated country or territory for the forfeiture and destruction or other disposal of property used in connection with the commission of a drug trafficking offence. The powers conferred by the 1991 Order also apply to proceedings which have been, or are to be, instituted in a designated country or territory and may result in such an order being made there.

This Order makes amendments in respect of the countries and territories to which the 1991 Order applies.

(1)

1990 c. 5; section 9 was amended by section 21 of the Criminal Justice Act 1993 (c. 36).

(2)

S.I. 1991/1468, amended by S.I. 1992/1734 and 1993/1807.