SCHEDULES
SCHEDULE 4 Forfeiture Orders
Part II Scotland
F1Enforcement of overseas freezing orders
25G
1
Where the Court of Session decides to give effect to an overseas freezing order, the Deputy Principal Clerk of Session must—
a
register the order in the Books of Council and Session,
b
provide for notice of the registration to be given to any person affected by it.
2
For the purpose of enforcing an overseas freezing order registered in the Books of Council and Session, the order is to have effect as if it were an order made by the Court of Session.
3
Paragraphs 20 and 21 apply to an overseas freezing order registered in the Books of Council and Session as they apply to a restraint order under paragraph 18.
4
The Court of Session may cancel the registration of the order, or vary the property to which the order applies, on an application by the Lord Advocate or any other person affected by it, if or to the extent that—
a
the court is of the opinion mentioned in paragraph 25E(4), or
b
the court is of the opinion that the order has ceased to have effect in the participating country.
5
Her Majesty may by Order in Council make further provision for the enforcement in Scotland of registered overseas freezing orders.
6
An Order in Council under this paragraph—
a
may make different provision for different cases,
b
is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
Sch. 4 Pt. 2 paras. 25A-25G and cross-headings inserted (prosp.) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94(1), Sch. 4 para. 5