SCHEDULE 3MODIFICATION OF PARTS I AND III OF THE ACT IN ITS APPLICATION TO EXTERNAL CONFISCATION ORDERS

General

2.

For the purposes of the application and modification of Parts I and III of the Act, unless the context otherwise requires–

“the 1999 Order” means the Confiscation of the Proceeds of Crime (Designated Countries and Territories) (Scotland) Order 1999;

“accused” means the person against whom an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been, or are to be, instituted in a court of a designated country;

“designated country” has the same meaning as in article 2(1) of the 1999 Order;

“drug trafficking offence” means any offence corresponding to or similar to any of the offences specified in section 49(5) of the Act;

“interest” in relation to property, includes right;

“property” means any property wherever situated, whether heritable or moveable or whether corporeal or incorporeal;

“restraint order” means an order made under section 28 of the Act;

“external confiscation order” has the meaning assigned by section 40(2) of the Act, and

proceedings for an offence are instituted against a person in the circumstances set out in article 2 of the 1999 Order.