The Criminal Finances Act 2017 (Commencement) (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the first and only commencement regulations to be made by the Scottish Ministers under the Criminal Finances Act 2017 (“the Act”).

The Regulations bring into force, on 31st January 2018, sections 28, 30, 32(4) and 34(3) of the Act. Those sections make various amendments to Part 3 of the Proceeds of Crime Act 2002 (c. 29), regarding confiscation proceedings in Scotland. In particular —

(a) section 28 of the Act introduces a new court order for the purpose of securing payment of a confiscation order; it enables the court making or enforcing a confiscation order to order that certain money (held either in a bank or building society account or as cash seized by a law enforcement authority) be paid in full or part satisfaction of that order;

(b) section 30 of the Act redefines the types of institution in which appointed administrators must deposit money received in the exercise of their functions;

(c) section 32(4) of the Act provides for the reconsideration, in certain circumstances, of a confiscation order that has been discharged because of an insufficient amount available to pay the order; it applies (by virtue of section 32(7)) in relation to a confiscation order whether made before or after 31st January 2018, but only where the discharge of the order occurs after that date;

(d) section 34(3) of the Act redefines “free property” for the purpose of determining the amount (if any) that is recoverable under a confiscation order; it prevents property that is subject to other, new, kinds of forfeiture or detention proceedings from being taken into account for the purposes of confiscation proceedings (as the property is accounted for elsewhere, it is made unavailable for confiscation).

The Bill for the Act received Royal Assent on 27th April 2017. Sections 54 to 59 of the Act came into force on that day, along with any other provision required for enabling the exercise on or after that day of any power to make provision by subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)). Sections 9, 18, 41 and 42 of the Act came into force on 27th June 2017.