# The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, Paragraph 11: Registration and enforcement of overseas confiscation orders


(1) Where the court decides to give effect to an overseas confiscation order, it must—
(a) direct its registration as an order in that court,
(b) give directions for notice of the order to be given to any person affected by it, and
(c) appoint a sheriff clerk for the purpose of receiving payment of any amount due under the order.
(2) For the purpose of enforcing an overseas confiscation order registered in accordance with this paragraph, the order is to have effect as if it were a domestic confiscation order.
(3) Subject to sub-paragraph (4), the court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Lord Advocate, or any other person affected by it, if or to the extent that—
(a) the court is of the opinion mentioned in paragraph 10(4), or
(b) the court is of the opinion that the order has ceased to have effect in the member State.
(4) To make an application to cancel the registration of the order, or vary the property to which the order applies, the Lord Advocate or person affected by the order must—
(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b) serve the application on—
(i) the court;
(ii) the Lord Advocate (if the applicant is not the Lord Advocate); and
(iii) any person who will or may be affected by the application;
(c) explain why it is appropriate for the registration of the order to be cancelled or varied;
(d) set out the proposed terms of any variation; and
(e) if a hearing is requested in relation to the application, explain why a hearing is necessary.
(5) Subject to sub-paragraphs (6) and (7), Part 3 of the 2002 Act (confiscation: Scotland) applies (with the appropriate modifications and subject to the preceding provisions of this Schedule) in relation to an overseas confiscation order registered in accordance with this paragraph as it applies in relation to a domestic confiscation order.
(6) Sections 117 (interest on unpaid sums) and 118 (application of provisions about fine enforcement) of the 2002 Act do not apply to an overseas confiscation order registered in the court in accordance with this paragraph.
(7) No challenge to the substantive reasons in relation to which an overseas confiscation order has been made by an appropriate court or authority in a member State may be considered by the court.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111122723/schedule/1/paragraph/11 (the official version)
Page: https://openlegislation.uk/draft-criminal-justice-and-data-protection-protocol-no-36-regulations-2014/schedule-1/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.