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- (c) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid to a specified person falling within section 23(7).
(2) A forfeiture order shall not come into force so long as an appeal is pending against the order or against the conviction on which it was made; and for this purpose where an appeal is competent but has not been brought it shall be treated as pending until the expiry of a period of fourteen days from the date when the order was made.
(3) Any balance remaining after making any payment required under subparagraph (1)(c) or paragraph 17 shall be treated for the purposes of section 211(5) of the 1995 c. 46.Criminal Procedure (Scotland) Act 1995 (fines payable to the Treasury) as if it were a fine imposed in the High Court of Justiciary.
(4) The clerk of court shall, on the application of—
- (a) the prosecutor in the proceedings in which a forfeiture order is made,
- (b) the accused in those proceedings, or
- (c) a person whom the court heard under section 23(7) before making the order,
certify in writing the extent (if any) to which, at the date of the certificate, effect has been given to the order in respect of the money or other property to which it applies.
(5) In sub-paragraph (1) references to the proceeds of the sale, disposal or realisation of property are references to the proceeds after deduction of the costs of sale, disposal or realisation.
Administrators
17.—(1) The Court of Session may by rules of court prescribe the powers and duties of an administrator appointed under paragraph 16.
(2) An administrator appointed under paragraph 16 shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the Lord Advocate.
(3) The accountant of court shall supervise an administrator appointed under paragraph 16 in the exercise of the powers conferred, and discharge of the duties imposed, on him under or by virtue of that paragraph.
(4) An administrator appointed under paragraph 16 shall not be liable to any person in respect of any loss or damage resulting from action—
- (a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,
- (b) which he would be entitled to take if the property were forfeited property, and
- (c) which he takes reasonably believing that he is entitled to take because of his belief that the property is forfeited property.
(5) Sub-paragraph (4) does not apply in so far as the loss or damage is caused by the administrator’s negligence.
Restraint orders
18.—(1) The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where—
- (a) proceedings have been instituted in Scotland for an offence under any of sections 15 to 18,
- (b) the proceedings have not been concluded, and
- (c) a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence.
