Proceeds of Crime (Scotland) Act 1995 (Enforcement of Northern Ireland Orders) Order 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/752 |
| Year | 1998 |
1998 No. 752 (S.42)
CRIMINAL LAW, SCOTLAND
The Proceeds of Crime (Scotland) Act 1995 (Enforcement of Northern Ireland Orders) Order 1998
Made 18th March 1998
Laid before Parliament 30th March 1998
Coming into force 1st May 1998
At the Court at Buckingham Palace, the 18th day of March 1998
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 39 of the Proceeds of Crime (Scotland) Act 19951, is pleased, by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:—
Citation, commencement and application
1.—(1) This Order may be cited as the Proceeds of Crime (Scotland) Act 1995 (Enforcement of Northern Ireland Orders) Order 1998.
(2) Subject to paragraph (3), this Order shall come into force on 1st May 1998.
(3) This Order shall not apply as respects the enforcement in Scotland of orders made before 1st May 1998 by the High Court in Northern Ireland under the Proceeds of Crime (Northern Ireland) Order 19962in connection with drug trafficking offences.
Interpretation
2. In this Order–
“the Act” means the Proceeds of Crime (Scotland) Act 1995;
“the Northern Ireland Order” means the Proceeds of Crime (Northern Ireland) Order 1996.
Enforcement of Northern Ireland Orders
3.—(1) For the purposes of Part III of and Schedules 1 and 2 to the Act (which make provision in connection with the enforcement of confiscation orders made in Scotland), the Act shall have effect as if–
(a)
(a) references to confiscation orders included a reference to orders made by courts in Northern Ireland under article 8 of the Northern Ireland Order;
(b)
(b) references to–
(i) offences to which Part I of the Act applies; or
(ii) drug trafficking offences,
included a reference to any offence to which the Northern Ireland Order applies (not being an offence to which that Part applies);
(c)
(c) references to proceedings in Scotland or to the institution or conclusion in Scotland of proceedings included a reference to proceedings in Northern Ireland or to the institution or conclusion in Northern Ireland of proceedings, as the case may be;
(d)
(d) references to “the court” were references to “the High Court”, or, as the case may be, “the Court of Session”;
(e)
(e) references to “the prosecutor” were...
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