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

14.  In section 29–

(a) for paragraphs (a) to (c) of subsection (2) there shall be substituted:–

“(a) proceedings have been instituted against a person in a designated country;

(b) the proceedings have not been concluded; and

(c) either an external confiscation order has been made or it appears to the Court of Session that, there are reasonable grounds for thinking that an external confiscation order may be made in those proceedings.”.

(b) for subsection (3) there shall be substituted:–

“(3) For the purposes of this subsection, the circumstances are that it appears to the Court of Session that proceedings which might result in an external confiscation order being made are to be instituted against a person in a designated country within 28 days and that there are reasonable grounds for thinking that such an order may be made in them.”;

(c) in subsection (4)–

(i) for the word “court” wherever it appears there shall be substituted the words “Court of Session”;

(ii) for the words “prosecutor” there shall be substituted the words “Lord Advocate”;

(iii) for the words “subsection (3)(a) and (b)” there shall be substituted the words “subsection (3) above)”;

(d) in subsection (5) the words “or, as the case may be, proceedings on an application under section 11 or 13 of this Act” shall be omitted;

(e) for subsection (6) there shall be substituted the following subsection:–

“(6) For the purposes of this section, proceedings are concluded as regards an offence in the circumstances set out in article 2(3) of the 1998 Order.”;

(f) subsection (7) shall be omitted.