International Criminal Court (Scotland) Act 2001 (asp 13)

SCHEDULE 6 S Freezing orders in respect of property liable to forfeiture

Interpretation S

12 (1) For the purposes of this schedule—

• F1 ...

• “the 1986 Act” means the Insolvency Act 1986 (c.45);

• [F2 “the 2016 Act” means the Bankruptcy (Scotland) Act 2016;]

• “company” means any company which may be wound up under the 1986 Act;

• “dealing with property” includes (without prejudice to the generality of that expression)—

  (a)

  where a debt is owed to a person, making a payment to any person in reduction of the amount of the debt; and

  (b)

  removing the property from Scotland; and

• “property” includes money and all other property, heritable or moveable, real or personal and including things in action and other intangible or incorporeal property.

(2) For the purposes of this schedule ICC proceedings are concluded—

(a) when there is no further possibility of a forfeiture order being made in the proceedings; or

(b) on the satisfaction of a forfeiture order made in the proceedings (whether by the recovery of all the property liable to be recovered, or otherwise).

(3) For the purposes of paragraphs 8 to 11 above references to a freezing order include references to a freezing order made under Schedule 6 to the 2001 Act.

Textual Amendments

F1 Words in sch. 6 para. 12 omitted (30.11.2016) by virtue of Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(3)(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

F2 Words in sch. 6 para. 12 inserted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(3)(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2