Sch. 4
Enforcement of orders made elsewhere in the British Islands
26. In the following provisions of this Part of this Schedule—
- “an England and Wales order” means—
- (a) an order made in England and Wales under section 23 (“an England and Wales forfeiture order”),
- (b) an order made under paragraph 5 (“an England and Wales restraint order”), or
- (c) an order made under any other provision of Part I of this Schedule in relation to an England and Wales forfeiture or restraint order;
- “a Northern Ireland order” means—
- (a) an order made in Northern Ireland under section 23 (“a Northern Ireland forfeiture order”),
- (b) an order made under paragraph 33 (“a Northern Ireland restraint order”), or
- (c) an order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;
- “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—
- (a) section 23 (“an Islands forfeiture order”),
- (b) paragraph 18 (“an Islands restraint order”), or
- (c) any other provision of this Part of this Schedule.
27.—(1) Subject to the provisions of this paragraph, an England and Wales order, Northern Ireland order or Islands order shall have effect in the law of Scotland.
(2) But such an order shall be enforced in Scotland only in accordance with—
- (a) the provisions of this paragraph, and
- (b) any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.
(3) On an application made to it in accordance with rules of court for registration of an England and Wales order, Northern Ireland order or Islands order, the Court of Session shall direct that the order shall, in accordance with such rules, be registered in that court.
(4) Rules of court shall also make provision—
- (a) for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in Scotland or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies,
- (b) for cancelling or varying the registration of an England and Wales, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.
(5) If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph the Court of Session shall have, in relation to that order, the same powers as a court has under paragraph 16(1) above in relation to a forfeiture order made by it and paragraphs 16(3) to (5) and 17 apply accordingly.
(6) If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph—
- (a) paragraphs 20 and 21 above shall apply as they apply to a restraint order, and
