The Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991
UK Statutory Instrument 1991 No. 1467 — creates 2 criminal offences.
- Made
- 26 June 1991
- In force from
- 10 July 1991
- Extent
- Not stated
- Subject
- Drugs and medicines
- Made under
- Her by section 30 of the Criminal Justice (Scotland) Act 1987
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order provides that, subject to certain modifications, Part I of 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 (an external confiscation order), 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. It also provides, in Article 8, that the value of any property recovered in a designated country or territory in response to a request by the government of the United Kingdom for assistance in the enforcement of a confiscation order abroad is to be treated as reducing the amount payable in Scotland under a confiscation order made by the High Court. Article 3 of the Order designates the countries and territories listed in Schedule 1 for the purposes of enforcement of confiscation orders abroad and of external confiscation orders in Scotland, and applies the provisions of Part I of the Criminal Justice (Scotland) Act 1987 with modifications, to confiscation orders of courts in those countries and territories and proceedings which may lead to such an order being made. The modifications to Part I of the Act are set out in Schedule 2 to the Order, and Schedule 3 sets out in full Part I of the Act as so modified.
Offences created by this instrument
- External confiscation orders paragraph 1(3) of SCHEDULE 2 · Revoked · Strict liability
- External confiscation orders paragraph 1(3)(e) of SCHEDULE 2 · Revoked · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Statutory Instruments, &C
Commons · Commons Chamber · 10 June 1991
Ordered, That the draft Vienna Document (Privileges and Immunities) Order 1991 be referred to a Standing Committee on Statutory Instruments, &c. That the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1991 (S.I., 1991, No. 1235) be referred to a Standing Committee on Statutory Instruments, &c. That the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 2) Order 1991 (S.I., 1991, No. 1295) be referred to a Standing Committee on Statutory Instruments, &c. That the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning)…
- Confiscation Of The Proceeds Of Drug Trafficking (Designated Countries And Territories) (Scotland) Order 1991 Lords · Lords Chamber · 21 June 1991
- Criminal Law (Scotland)
Commons · Commons Chamber · 24 June 1991
That the draft Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991, which was laid before this House on 22nd May, be approved. That the draft Criminal Justice (International Cooperation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991, which was laid before this House on 7th June, be approved.— [Mr. Kirkhope.]
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1991