Part 3

Enforcement of sentences and orders

Orders

Power to make provision for enforcement of orders
26
1
The Scottish Ministers may make provision by regulations for the enforcement in Scotland of—
a
fines or forfeitures ordered by the ICC; and
b
orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.
2
The regulations may authorise the Scottish Ministers—
a
to appoint a person to act on behalf of the ICC for the purposes of enforcing the order; and
b
to give such directions to the appointed person as appear to them necessary.
3
The regulations shall provide for the registration of the order by a court in Scotland as a precondition of enforcement.
4
An order shall not be so registered unless the court is satisfied that the order is in force and not subject to appeal.
5
If the order has been partly complied with, the court shall register the order for enforcement only so far as it has not been complied with.
6
The regulations may provide that—
a
for the purposes of enforcement an order so registered has the same force and effect;
b
the same powers are exercisable in relation to its enforcement; and
c
proceedings for its enforcement may be taken in the same way,
as if the order were an order of a court in Scotland.
7
The regulations may for the purposes mentioned in subsection (6)(a) above apply any enactment relating to the enforcement in Scotland of orders of a court of a country or territory outside the United Kingdom.
8
A court shall not exercise its powers of enforcement under the regulations in relation to any property unless it is satisfied—
a
that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court; and
b
that the exercise of the powers will not prejudice the rights of bona fide third parties.
9
The regulations may provide that the reasonable expenses of and incidental to the registration and enforcement of an order are recoverable as if they were sums recoverable under the order.
10
Regulations under this section—
a
may make different provision for different kinds of order; and
b
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.