Explanatory note

This Order makes provision for the enforcement in England and Wales of orders made in Scotland in connection with the confiscation of the proceeds of drug trafficking under Part I of the Criminal Justice (Scotland) Act 1987, “the 1987 Act” which comes into force on 1st April 1988 (Criminal Justice (Scotland) Act 1987 (Commencement No. 5) Order 1988 (S.I. 1988/482), Criminal Justice (Scotland) Act 1987 (Commencement No. 4) Order 1988 (S.I. 1988/483). Provision is made in sections 11, 27 and 28 of the 1987 Act for the enforcement in Scotland of similar orders made in England and Wales under the Drug Trafficking Offences Act 1986.

Article 3 provides for orders of the Court of Session (including restraint orders, orders appointing, empowering and regulating administrators, and orders for the disclosure of information), and the functions of an administrator appointed under the 1987 Act to have effect in the law of England and Wales. The enforcement of such orders of the Court of Session is by the High Court, upon registration of the order in accordance with Article 4(1).

Article 4(1) makes provision for the procedure for registration of orders of the Court of Session. Paragraph (2) enables the High Court to exercise a specific power to order inspection in connection with proceedings in the Court of Session under the 1987 Act. Paragraph (3) confers upon the High Court a further general, ancillary power to enable it to assist in the achievement of the purposes of orders of the Court of Session, or in the performance by administrators of their functions under the 1987 Act.

Article 5 provides that in the exercise of its powers under this Order the High Court is to apply the principles applicable to the exercise by the Court of Session of its powers in relation to enforcement of its own orders under the 1987 Act.

Article 6 allows for the protection by registration under the Land Charges Act 1972 and the Land Registration Act 1925 of restraint orders made by the Court of Session under the 1987 Act.