The Confiscation of the Proceeds of Crime (Designated Countries and Territories) (Scotland) Order 1999

Interpretation

2.—(1) In this Order–

“the Act” means the Proceeds of Crime (Scotland) Act 1995;

“appropriate authority of a designated country” means–

(a)

the authority specified opposite that country in Part I or, as the case may be, Part II of Schedule 1 to this Order;

(b)

where no authority is so specified, the authority appearing to the court to be the appropriate authority for that country for the purposes of sections 40 and 41 of the Act, and of the other relevant provisions of the Act as applied by article 4 of this Order;

“a court of a designated country” includes a court of any state or territory of a designated country;

“designated country” means a country or territory designated under article 3 of this Order;

“drug trafficking” has the same meaning as in section 49(2) of the Act.

(2) Proceedings are instituted in a designated country when–

(a) under the law of the designated country concerned one of the steps specified in relation to that country in the right-hand column of Schedule 2 to this Order has been taken there in respect of an alleged offence, corresponding with or similar to an offence to which Part I of the Act applies or, as the case may be, alleged drug trafficking; or

(b) where no steps have been specified in relation thereto as mentioned in sub-paragraph (a) above, the accused has been notified in writing in accordance with the laws of the designated country that the appropriate authorities of that country have begun proceedings against him in respect of an offence; or

(c) an application has been made to a court in a designated country for an external confiscation order,

and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(3) Proceedings are concluded–

(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;

(b) on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or otherwise).

(4) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be raised or set aside.