SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part II Scotland

F1Enforcement of overseas freezing orders

Annotations:
Amendments (Textual)
F1

Sch. 4 paras. 25A-25G and cross-headings inserted (3.12.2014) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 4 para. 5; S.I. 2014/3192, art. 2(b)

25E

1

Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the Court of Session and to the Lord Advocate.

2

The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.

3

Before giving effect to the overseas freezing order, the court must give the Lord Advocate an opportunity to be heard.

4

The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).