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The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999

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16.  In section 49–

(a)for subsection (1) there shall be substituted the following subsection–

(1) In this Act, unless the context otherwise requires–

“the 1999 Order” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999;

“the accused” means a person against whom an external forfeiture order has been made, or a person against whom proceedings which may result in an external forfeiture order being made have been, or are to be, instituted in a court of a designated country;

“designated country” means a country or territory designated by virtue of article 3 of the 1999 Order;

“interest” in relation to property, includes right;

“property” means any property wherever situated, whether heritable or moveable or whether corporeal or incorporeal;

“restraint order” means an order made under section 28 of this Act;

“external forfeiture order” has the meaning assigned by article 2(1) of the 1999 Order.;

(b)in subsection (5) for the words “means any of the following” there shall be substituted the words “means any offence corresponding to or similar to”;

(c)for subsection (6) there shall be substituted the following subsection–

(6) For the purpose of this Act proceedings for an offence are instituted against a person in the circumstances set out in Article 2(2) of the 1999 Order..

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