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24. In section 45–
(a)in subsection (1) the word “external” shall be inserted before the word “confiscation”;
(b)in subsections (4), (5)(a)(i), and (5)(c) for the words “a confiscation” there shall be substituted the words “an external confiscation”;
(c)in subsection (5)–
(i)for paragraph (a)(ii) there shall be substituted the following:–
“(ii)at the end there shall be added the words “; and in the foregoing provisions of this subsection “external confiscation order” has the meaning assigned by section 1(1) of the Criminal Justice (Scotland) Act 1987”;”;
(ii)for paragraph (b) there shall be substituted the following:–
“(b)in section 7(1) (constitution of apparent insolvency)–
(i)in paragraph (b), at the beginning there shall be inserted the words “not being a person whose property is for the time being affected by a restraint order or subject to an external confiscation order,”;
(ii)in paragraph (c), after the words “became due” there shall be inserted the words “or that but for his property being affected by a restraint order or subject to an external confiscation order, he would be able to do so”; and
(iii)at the end there shall be added the words “In paragraph (d) above liquid debt” does not include a sum payable under an external confiscation order, and in the foregoing provisions of this subsection–
“external confiscation order” has the meaning assigned by section 1(1) of the Criminal Justice (Scotland) Act 1987; and
“restraint order” has the meaning assigned by section 9 of the said Act of 1987;”;
(d)subsections (2), (3), (6) and (7) shall be omitted.
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