Acts of the Scottish Parliament

2001 asp 13

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th September 2001 and received Royal Assent on 24th September 2001

An Act of the Scottish Parliament to make provision for offences under the law of Scotland corresponding to offences within the jurisdiction of the International Criminal Court; to enable assistance to be provided to that court in relation to investigations and prosecutions; to make provision in relation to the enforcement of sentences and orders of that court; and for connected purposes.

(a) in Scotland; or

(b) outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

"genocide" means an act of genocide as defined in article 6;

"crime against humanity" means a crime against humanity as defined in article 7; and

"war crime" means a war crime as defined in article 8.2.

(a) an offence under section 1(1) of this Act; or

(b) an offence under this section.

(a) an offence under section 1(1) of this Act; or

(b) an offence under this section.

(a) in Scotland; or

(b) outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

(a) that conduct consisted of or included an act committed in Scotland; and

(b) that act were committed in Scotland.

(a) offences under section 1 of this Act;

(b) offences under section 2 of this Act; and

(c) offences ancillary to an offence within paragraph (a) or (b) above.

(a) an offence involving murder; or

(b) an offence ancillary to an offence involving murder,

(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence under section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) or at common law;

(b) in relation to article 70.1(b) to (e) (other offences), an offence at common law; and

(c) in relation to article 70.1(f) (soliciting or accepting a bribe as an official of the ICC), an offence under section 1 of the Prevention of Corruption Act 1906 (c.34) or at common law.

(a) in Scotland; or

(b) outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

(a) offences under this Part of this Act; and

(b) offences ancillary to such offences.

(a) he either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences; and

(b) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences;

(b) the offences concerned activities that were within his effective responsibility and control; and

(c) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(a) any liability of a commander or other superior apart from this section; or

(b) the liability of any person other than a commander or other superior.

(a) commits acts outwith the United Kingdom at a time when that person is neither a United Kingdom national nor a United Kingdom resident; and

(b) subsequently becomes a United Kingdom resident.

(a) that person is a United Kingdom resident at the time the proceedings are brought; and

(b) the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in Scotland.

(a) that person is a United Kingdom resident at the time the proceedings are brought; and

(b) the acts in respect of which the proceedings are brought would have constituted that ancillary offence if they had been committed in Scotland.

(a) being art and part in the commission of an offence;

(b) inciting a person to commit an offence;

(c) attempting or conspiring to commit an offence;

(d) perverting, or attempting to pervert, the course of justice in connection with an offence; or

(e) defeating, or attempting to defeat, the ends of justice in connection with an offence.

(a) genocide;

(b) a crime against humanity;

(c) a war crime; or

(d) any of the acts mentioned in article 70.1 (offences against the administration of justice),

(a) the articles mentioned in the definition in section 1(4) of this Act of the crimes specified in subsection (1)(a) to (c) above;

(b) any relevant Elements of Crimes;

(c) section 4(1) of this Act or article 70.1; or

(d) section 5 of this Act,

(a) a person has intent-

(i) in relation to conduct, where the person means to engage in the conduct; and

(ii) in relation to a consequence, where the person means to cause the consequence or is aware that it will occur in the ordinary course of events; and

(b) "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(a) shall take into account any relevant judgment or decision of the ICC; and

(b) may take into account any other relevant international jurisprudence.

(a) the extra-territorial application of offences (including offences under this Part of this Act); or

(b) offences ancillary to offences under this Part of this Act (wherever committed).

(a) the word "or", where it occurs immediately after paragraph (g), is repealed; and

(b) after paragraph (h), there shall be added"; or

(a) an investigation has been initiated by the ICC; and

(b) the investigation and any proceedings arising out of it have not been concluded.

(a) for the making of a request by the ICC or the transmission of any supporting documents; or

(b) for the transmission of any document in consequence of such a request,

(a) the person has been informed of the rights set out in article 55 (rights of persons during an investigation under the Statute of the ICC);

(b) the fact that the person has been so informed has been recorded in writing; and

(c) the person consents to be interviewed.

(a) has the same powers with respect to-

(i) securing the attendance of witnesses; and

(ii) subject to subsection (5) below, the production of documents or other articles,

as it has for the purpose of other proceedings before the court; and

(b) may take evidence on oath.

(a) which persons with an interest in the proceedings were present; and

(b) which of those persons were represented and by whom.

(a) the evidence given in any proceedings in Scotland in respect of conduct that would constitute an ICC crime; or

(b) the results of any investigation of such conduct with a view to such proceedings.

(a) in ascertaining whether a person has benefited from an ICC crime; or

(b) in identifying the extent or whereabouts of property derived directly or indirectly from an ICC crime,

(a) authorise a person to act on behalf of the ICC for the purposes of applying for a freezing order, or applying for the variation or discharge of such an order; and

(b) direct that person to apply for such an order, or the variation or discharge of such an order, under schedule 6 to this Act (which makes provision for freezing orders in respect of property liable to forfeiture).

(a) where the material consists of a document, the original or a copy; and

(b) where the material consists of any other article, the article itself or a photograph or other description of it,

(a) the detention of the prisoner in Scotland in accordance with the sentence imposed; and

(b) the taking of the prisoner to a specified place where the prisoner is to be detained,

(a) may be varied by the Scottish Ministers; and

(b) shall be so varied to give effect to any variation of the sentence.

(a) any provision of rules made under section 39 of the Prisons (Scotland) Act 1989 (c.45) (prison rules) providing for temporary release;

(b) section 40(2) of that Act of 1989 (deduction of periods unlawfully at large); and

(c) sections 1, 1A, 2, 3, 9, 10 and 27(7) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) (transfer and release of prisoners).

(a) fines or forfeitures ordered by the ICC; and

(b) orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.

(a) to appoint a person to act on behalf of the ICC for the purposes of enforcing the order; and

(b) to give such directions to the appointed person as appear to them necessary.

(a) for the purposes of enforcement an order so registered has the same force and effect;

(b) the same powers are exercisable in relation to its enforcement; and

(c) proceedings for its enforcement may be taken in the same way,

(a) that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court; and

(b) that the exercise of the powers will not prejudice the rights of bona fide third parties.

(a) may make different provision for different kinds of order; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(a) in sub-paragraph (1), references to the 2001 Act shall be construed as references to this Act; and

(b) in sub-paragraph (2), the reference to proceedings under Parts 2, 3 and 4 of the 2001 Act shall be construed as a reference to proceedings under Parts 2 and 3 of this Act.

"the 2001 Act" means the International Criminal Court Act 2001 (c.17);

"act" includes an omission, and references to conduct have a corresponding meaning;

"crime against humanity" has the meaning given by section 1(4) of this Act;

"Elements of Crimes" means the Elements of Crimes set out in regulations made under section 50(3) of the 2001 Act;

"evidence" includes documents and other articles;

"genocide" has the meaning given by section 1(4) of this Act;

"the ICC" means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998;

"ICC crime" means a crime (other than the crime of aggression) over which the ICC has jurisdiction in accordance with that Statute;

"United Kingdom national" means a person who is-

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c.61) is a British subject; or

(c) a British protected person within the meaning of that Act;

"United Kingdom resident" means a person who is resident in the United Kingdom; and

"war crime" has the meaning given by section 1(4) of this Act.

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

(a) Murder;

(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

"Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

"Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

"Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

"Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

"Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

"Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law . . . ;

"Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

"The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

"Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention-

(i) Wilful killing;

(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts-

(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, or of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy as defined in article 7, paragraph 2(f), enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.

(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause-

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognised as indispensable.

(d) Paragraph 2(c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts-

(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix) Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.

(f) Paragraph 2(e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.

(a) Any State Party;

(b) The judges acting by an absolute majority;

(c) The Prosecutor.

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;

(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

(a) they are satisfied that other means of identification have been tried and have proved inconclusive; and

(b) they have notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

"relevant physical data" has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995 (c.46); and

"sample" means-

(a) a sample of hair or other material taken, by means of cutting, combing or plucking, from the hair of an external part of the body other than pubic hair;

(b) a sample of nail or other material from a fingernail or toenail or from under any such nail;

(c) a sample of blood or other body fluid, of body tissue or of other material taken, by means of swabbing or rubbing, from an external part of the body; or

(d) a sample of saliva or other material taken, by means of swabbing, from the inside of the mouth.

(a) shall allow the person at least seven days within which to attend; and

(b) may direct that the person attend at a specified time of day or between specified times of day.

(a) the nominated court may issue a warrant for the arrest of the person; and

(b) the person may be detained for such period as is necessary to enable the necessary identification evidence to be taken.

(a) sub-paragraphs (1) to (4) above shall not apply; and

(b) the necessary identification evidence may be taken at the place where the person is detained or at such other place as the nominated court may direct.

(a) with the consent, given in writing, of the person from whom such evidence is to be taken; or

(b) without that consent, in accordance with paragraph 5 below.

(a) the fact that the appropriate consent has been given;

(b) any authorisation given under paragraph 5(1) above; and

(c) the fact that the person has been informed under paragraph 5(4) above of the giving of such authorisation.

(a) that a specified person has benefited from an ICC crime; and

(b) that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made.

(a) to produce the material to a constable within a specified period for the constable to take away (a "production order"); or

(b) to give a constable access to the material within a specified period (an "access order").

(a) the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into the person's possession, custody or power; and

(b) paragraph 3 above has effect with the modifications mentioned in sub-paragraph (5) below.

(a) that the references in paragraph 3(1) above to material in the possession, custody or power of the specified person shall be read as references to the material that comes into the possession, custody or power of the specified person; and

(b) that the reference in paragraph 3(2) above to the date of the order shall be read as a reference to the date of the notification required by sub-paragraph (4)(a) above.

(a) a production order has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b) an access order has effect as an order to give access to the material in a form in which it is visible and legible.

(a) to enter and search the premises specified in the warrant;

(b) to seize and retain any material found on the search that is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the warrant was issued; and

(c) for the purposes of exercising the powers mentioned in sub-paragraphs (a) and (b) above, to open lockfast places on premises specified in the warrant.

(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime;

(b) that there are grounds for making a production or access order in relation to material on the premises; and

(c) that it would not be appropriate to make a production or access order in relation to the material for any of the reasons mentioned in sub-paragraph (4) below.

(a) that it is not practicable to communicate with any person entitled to produce the material;

(b) that it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or

(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime;

(b) that there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application but which-

(i) relates to the specified person, or to the question whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime; and

(ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made; and

(c) that any of the circumstances mentioned in sub-paragraph (6) below apply.

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that entry to the premises will not be granted unless a warrant is produced; or

(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.

(a) that a forfeiture order has been made in proceedings before the ICC; or

(b) that there are reasonable grounds for believing that a forfeiture order may be made in such proceedings,

(a) on an application in pursuance of a direction given by the Scottish Ministers under section 20 of this Act; or

(b) on the application of any person affected by the order.

(a) to take possession of any property specified in the order; and

(b) in accordance with the court's directions, to manage or otherwise deal with the property in respect of which the receiver is appointed,

(a) shall have effect as if granted on the dependence of an action for debt by the Scottish Ministers against the person and may be executed, recalled, loosed or restricted accordingly; and

(b) shall have the effect of letters of inhibition and shall forthwith be registered by the Scottish Ministers in the Register of Inhibitions and Adjudications.

(a) apply for the recall, or as the case may be restriction, of the inhibition; and

(b) ensure that the recall, or restriction, is registered in the Register of Inhibitions and Adjudications.

(a) property for the time being subject to a freezing order made before the date of sequestration (within the meaning of section 12(4) of the 1985 Act); and

(b) any proceeds of property realised by virtue of paragraph 5(2) above for the time being in the hands of a receiver appointed under that paragraph,

(a) property for the time being comprised in the whole estate of the debtor (within the meaning of section 31(8) of the 1985 Act);

(b) any income of the debtor which has been ordered under section 32(2) of that Act to be paid to the permanent trustee; or

(c) any estate which under section 31(10) or 32(6) of that Act vests in the permanent trustee;

(a) property for the time being subject to a freezing order made before the relevant time; and

(b) any proceeds of property realised by virtue of paragraph 5(2) above for the time being in the hands of a receiver appointed under that paragraph.

(a) so as to inhibit the liquidator from exercising those functions for the purpose of distributing any property held by the company to the company's creditors; or

(b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

(a) where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;

(b) where such an order has been made and, before the presentation of the petition for the winding up of the company by the court, such a resolution had been passed by the company, the time of the passing of the resolution; and

(c) in any other case where such an order has been made, the time of the making of the order.

(a) any property held subject to a floating charge by a company is property which is subject to a freezing order; and

(b) a receiver has been appointed by, or on the application of, the holder of the charge (a "floating charge receiver").

(a) which is held by the company; and

(b) in relation to which the functions of the floating charge receiver are exercisable.

(a) so as to inhibit the floating charge receiver from exercising functions of the floating charge receiver for the purpose of distributing property to the company's creditors;

(b) so as to prevent the payment out of any property of expenses (including the remuneration of the floating charge receiver) properly incurred in the exercise of the floating charge receiver's functions in respect of the property.

"floating charge" includes a floating charge within the meaning of section 462 of the Companies Act 1985 (c.6) (power of incorporated company to create floating charges); and

"relevant order" means-

(a) in relation to heritable property situated in Scotland, a warrant for inhibition-

(i) registered, by virtue of paragraph 6(2)(b) above, in the Register of Inhibitions and Adjudications; and

(ii) taking effect before the appointment of the floating charge receiver; and

(b) in relation to any other property, a freezing order made before such appointment.

(a) reasonably believes that such seizing or disposing is done in the exercise of the functions of the insolvency practitioner; and

(b) would be entitled so to seize or dispose of the property if it were not subject to a freezing order.

(a) for such of the expenses of the insolvency practitioner as were incurred in connection with the liquidation, sequestration or other proceedings in relation to which the seizure or disposal purported to take place; and

(b) for so much of the remuneration of the insolvency practitioner as may be reasonably assigned for the practitioner's acting in connection with those proceedings.

(a) the reference in section 388(2)(a) to a permanent or interim trustee in the sequestration of a debtor's estate shall be taken to include a reference to a trustee in sequestration;

(b) section 388(5) shall be disregarded; and

(c) the expression shall also include the Official Receiver acting as receiver or manager of property.

(a) Article 3(5) shall be disregarded; and

(b) the expression shall also include the Official Receiver acting as receiver or manager of property.

"the 1985 Act" means the Bankruptcy (Scotland) Act 1985 (c.66);

"the 1986 Act" means the Insolvency Act 1986 (c.45);

"company" means any company which may be wound up under the 1986 Act;

"dealing with property" includes (without prejudice to the generality of that expression)-

(a) where a debt is owed to a person, making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from Scotland; and

"property" includes money and all other property, heritable or moveable, real or personal and including things in action and other intangible or incorporeal property.

(a) when there is no further possibility of a forfeiture order being made in the proceedings; or

(b) on the satisfaction of a forfeiture order made in the proceedings (whether by the recovery of all the property liable to be recovered, or otherwise).