The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024

Unexplained wealth orders: expenses of proceedings (Scotland)

19.  After article 46R (compensation), insert—

“Expenses orders

46S.— (1) This article applies in the following cases—

(a) the Scottish Ministers have made an application for an unexplained wealth order under article 46A;

(b) an application has been made to discharge or vary an unexplained wealth order;

(c) the Scottish Ministers have made an application for an interim freezing order under article 46I;

(d) an application has been made to vary or recall an interim freezing order;

(e) an application has been made in the circumstances referred to in article 46L to—

(i) sist an action, execution or other legal process, or

(ii) sist proceedings in respect of property or allow them to continue;

(f) the Scottish Ministers have made an application under article 46M (arrestment of property affected by interim freezing order);

(g) the Scottish Ministers have made an application under article 46N (inhibition of property affected by interim freezing order);

(h) the Scottish Ministers have made an application for an order for the appointment of a receiver under article 46O (receivers in connection with interim freezing orders);

(i) the Scottish Ministers have made an application for an order under article 46P (powers of receiver);

(j) an application has been made for directions to a receiver under article 46Q (supervision of article 46O);

(k) an application has been made to vary or recall—

(i) the appointment of a receiver under article 46O,

(ii) an order under article 46P, or

(iii) directions under article 46Q;

(l) an application has been made for compensation under article 46R;

(m) the Court of Session has of its own motion exercised a power to do anything an application mentioned in sub-paragraphs (a) to (l) may be made for;

(n) an application has been made for permission to appeal in relation to anything mentioned in sub-paragraphs (a) to (m).

(2) The court may not make an order that any expenses of proceedings relating to a case to which this article applies (including appeal proceedings) are payable by the Scottish Ministers or the Lord Advocate to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless—

(a) the Scottish Ministers or the Lord Advocate acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or

(b) the Scottish Ministers or the Lord Advocate acted dishonestly or improperly in the course of the proceedings.”.