50 Power to extend period for which interim freezing order has effect: Scotland

50  Power to extend period for which interim freezing order has effect: Scotland

(1)     The Proceeds of Crime Act 2002 is amended as follows.

(2)     In section 396D (effect of order: cases of compliance or purported compliance)—

(a)     in subsection (4), at the end insert “, or that period as it may be extended by virtue of section 396DA or 396DB (the “determination period”)”;

(b)     in subsection (5), for “60 day period mentioned in subsection (3)” substitute “determination period”.

(3)     After that section insert—

“396DA Extension of period for making determination where interim freezing order has been made

(1)     The Court of Session may, on an application made by the Scottish Ministers or the Lord Advocate, extend the determination period if satisfied that—

(a)     the applicant is working diligently and expeditiously towards making a determination under section 396D(2)(b) or (3) (as the case may be),

(b)     further time is needed to make that determination, and

(c)     it is reasonable

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