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6. In section 8–
(a)for subsection (1) there shall be substituted the following subsection:–
“(1) Where–
(a)proceedings which might result in an external confiscation order being made have been instituted against a person in a designated country and–
(i)the proceedings have not been concluded; and
(ii)either an external confiscation order has been made in the proceedings or it appears to the Court of Session that there are reasonable grounds for believing that such an order may be made in them, or
(b)it appears to the Court of Session that proceedings which might result in an external confiscation order being made are to be instituted against a person in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them,
the Court of Session may, on the application of the Lord Advocate, make in respect of the person such order (in this Act referred to as a “restraint order” as is described in section 9 of this Act. Any such application shall be heard in chambers.”;
(b)for subsection (5) there shall be substituted the following subsection:–
“(5) Where, a restraint order having been made by virtue of subsection (1) above, the proceedings in relation to which the external confiscation order was made are concluded, the Lord Advocate shall forthwith apply to the Court of Session for recall of the restraint order and the Court shall grant the application.”.
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