Part 8

Investigations
Chapter 3

Scotland

Unexplained wealth orders: enforcement abroad

Enforcement abroad: Scottish Ministers
396T
1
This section applies if—
a
the Court of Session makes an unexplained wealth order in respect of any property,
b
it appears to the Scottish Ministers that the risk mentioned in section 396J(2) applies in relation to the property, and
c
the Scottish Ministers believe that the property is in a country outside the United Kingdom (the receiving country).
2
The Scottish Ministers may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.
3
The Secretary of State may forward the request for assistance to the government of the receiving country.
4
A request for assistance under this section is a request to the government of the receiving country—
a
to secure that any person is prohibited from dealing with the property;
b
for assistance in connection with the management of the property, including with securing its detention, custody or preservation.
Ss. 396T, 396U and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 6, 58(1)(6); S.I. 2018/78, reg. 3(a)