The Proceeds of Crime (Scotland) Act 1995 (Enforcement of Scottish Confiscation Orders in England and Wales) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the enforcement in England and Wales of orders made in Scotland in connection with the confiscation of the proceeds of crime under the Proceeds of Crime (Scotland) Act 1995 (“the 1995 Act”). Provision is made in sections 35, 36, 37 and 38 of the 1995 Act for the enforcement in Scotland of orders made in England and Wales under the Criminal Justice Act 1988 and the Drug Trafficking Act 1994.

Article 3 provides for orders made under sections 20, 28, 29, 30, 31, 33(1) and 34 of, and paragraphs 1, 2(3), 4 and 12 of Schedule 1 to, the 1995 Act in connection with offences (except drug-trafficking offences) to which Part I of that Act applies to have effect in the law of England and Wales. The enforcement of such orders is by the High Court, upon registration of the order in accordance with article 4(1). Article 3 also provides for the functions of an administrator appointed under the 1995 Act to have effect in the law of England and Wales.

Article 4(1) makes provision for the procedure for registration of the orders to which article 3 applies. Paragraph (2) enables the High Court to exercise a specific power to order inspection in connection with court proceedings under the 1995 Act. Paragraph (3) confers upon the High Court a further general, ancillary power to enable it to assist in the achievement of the purposes of Scottish court orders, or in the performance by administrators of their functions under the 1995 Act.

Article 5 provides that in the exercise of its powers under this Order the High Court is to apply the principles applicable to the exercise by a Scottish court of its powers in relation to enforcement of its own orders under the 1995 Act.

Article 6 allows for the protection by registration under the Land Charges Act 1972 and the Land Registration Act 1925 of restraint orders made by a Scottish court under the 1995 Act.