Valid from 03/12/2014
Textual Amendments
F1Sch. 4 Pt. 2 paras. 25A-25G and cross-headings inserted (prosp.) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94(1), Sch. 4 para. 5
25E(1)Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the Court of Session and to the Lord Advocate.U.K.
(2)The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
(3)Before giving effect to the overseas freezing order, the court must give the Lord Advocate an opportunity to be heard.
(4)The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).
25FU.K.The Court of Session may postpone giving effect to an overseas freezing order in respect of any property—
(a)in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
(b)if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.
F225G(1)Where the Court of Session decides to give effect to an overseas freezing order, the Deputy Principal Clerk of Session must—U.K.
(a)register the order in the Books of Council and Session,
(b)provide for notice of the registration to be given to any person affected by it.
(2)For the purpose of enforcing an overseas freezing order registered in the Books of Council and Session, the order is to have effect as if it were an order made by the Court of Session.
(3)Paragraphs 20 and 21 apply to an overseas freezing order registered in the Books of Council and Session as they apply to a restraint order under paragraph 18.
(4)The Court of Session may cancel the registration of the order, or vary the property to which the order applies, on an application by the Lord Advocate or any other person affected by it, if or to the extent that—
(a)the court is of the opinion mentioned in paragraph 25E(4), or
(b)the court is of the opinion that the order has ceased to have effect in the participating country.
(5)Her Majesty may by Order in Council make further provision for the enforcement in Scotland of registered overseas freezing orders.
(6)An Order in Council under this paragraph—
(a)may make different provision for different cases,
(b)is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.]
Textual Amendments
F2Sch. 4 paras. 25A-25G and cross-headings inserted (3.12.2014) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 4 para. 5; S.I. 2014/3192, art. 2(b)