SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part II Scotland

Restraint orders

19

1

A restraint order shall provide for notice of it to be given to any person affected by the order.

2

A restraint order may be recalled or varied by the Court of Session on the application of any person affected by it.

F13

A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

3A

A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—

a

if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the Court of Session considers reasonable, and

b

if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.

4

When proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the Court for recall of the order.