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

4.  In section 4–

(a) for paragraphs (a) to (d) of subsection (1) there shall be substituted the following paragraphs:–

“(a) in relation to an external confiscation order in respect of specified property, the property which is specified in the order; and

(b) in any other case–

(i) the whole estate, wherever situated, of the accused or a person in respect of whom a restraint order has been made by virtue of section 29(3) of this Act;

(ii) the whole estate wherever situated of a person to whom any person whose whole estate is realisable by virtue of sub-paragraph (i) above has (directly or indirectly and whether in one transaction or in a series of transactions) made a gift caught by this Part of this Act or, as the case may be, an implicative gift;

(iii) any other property in the possession or under the control of a person mentioned in sub-paragraph (i) or (ii) above; and

(iv) any income or estate vesting in a person mentioned in sub-paragraph (i) or (ii) above”;

(b) in subsection (2) for the words “subsection (1)(a) or (b)” there shall be substituted the words sub-paragraph (1)(b)(i) or (ii);

(c) subsection (3) shall be omitted;

(d) for subsection (4) there shall be substituted the following subsection:–

“(4) The value of realisable property (other than money) of a person in respect of whom an external confiscation order has been made shall be its market value having regard to any security or real burden which would require to be discharged in realising the property or to any other factors which might reduce the amount recoverable by such realisation.”;

(e) subsections (5) and (6) shall be omitted.