Statutory Instruments
CRIMINAL LAW, SCOTLAND
Made
16th December 1993
Laid before Parliament
10th January 1994
Coming into force
1st February 1994
At the Court at Buckingham Palace, the 16th day of December 1993
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 30 of the Criminal Justice (Scotland) Act 1987(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.-(1) This Order may be cited as the Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Amendment (No.2) Order 1993 and shall come into force on 1st February 1994.
(2) In this Order "the Act" means the Criminal Justice (Scotland) Act 1987 and "the principal Order" means the Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991(2).
2. Schedule 1 to the principal Order shall be amended as follows:-“
(a)by inserting, in the appropriate alphabetical position, the entries for those countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for a country or territory);
(b)by deleting the entry specifying the appropriate authority for Switzerland; and
(c)by inserting, opposite the entry for Switzerland, the following entry;
"Office federal de la police".
3. The Appendix set out at the end of Schedule 3 to the principal Order (which defines when proceedings are instituted for the purposes of section 47(5)(a)(i) of the Act as modified by article 3(2) of and Schedule 2 to the principal Order) shall be amended by inserting, after the entry relating to Montserrat, the following:-“
"Netherlands | (a)when a pre-trial financial investigation has been initiated; (b)when the provisional measure has been ordered by an investigating magistrate; (c)when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted; (d)when a public prosecutor has laid an indictment". |
N.H. Nicholls
Clerk of the Privy Council
Article 2
Designated Country | Appropriate Authority |
---|---|
Armenia | |
Azerbaijan | |
Bosnia and Herzegovina | |
Brunei | |
Colombia | The Fiscalia General de la Nacion |
Croatia | |
Dominica | |
Dominican Republic | |
El Salvador | |
Macedonia | |
Mauritania | |
Netherlands | Afdeling Internationale Rechtshulp |
Slovakia | |
Zambia | |
Zimbabwe |
(This note is not part of the Order)
This Order amends the Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 (S.I. 1991/1467) ("the principal Order") which provides that, subject to certain modifications, the Criminal Justice (Scotland) Act 1987 applies to an order made by a court in a designated country or territory for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value, and to proceedings which have been or are to be instituted in a designated country or territory and may result in such an order being made there.
This Order makes amendments in respect of the countries and territories to which the principal Order applies.
1987 c. 41; section 30 was substituted by section 63 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), and amended by section 21 of the Criminal Justice Act 1993 (c. 36).