# The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Article 37: Scope of Part 2

Extent: S

(1) This Part has effect for the purpose of enabling the Scottish Ministers to assist in an external investigation by obtaining orders and warrants from the court.
(2) The powers conferred by this Part are exercisable in relation to a person or property subject to an external investigation only if the Scottish Ministers believe paragraph (3) applies in relation to—
(a) the country or territory of the overseas authority carrying out the external investigation, and
(b) Scotland.
(3) This paragraph applies if—
(a) a criminal investigation in connection with the person or property has not begun,
(b) a criminal investigation in connection with the person or property has begun but it is unlikely criminal proceedings will be brought, or
(c) criminal proceedings brought in connection with the person or property have been concluded without an order having been made in relation to the person or property.
(4) Criminal proceedings against a person are taken to be concluded if—
(a) a plea of guilty is recorded against the person,
(b) the person is acquitted,
(c) the person is pardoned,
(d) the proceedings against the person are deserted simpliciter,
(e) the person is convicted and does not appeal against the conviction before the expiry of the time period allowed for such an appeal,
(f) the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed,
(g) the indictment or complaint falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this article, references to the court are to—
(a) the Court of Session in relation to applications for disclosure orders , unexplained wealth orders and interim freezing orders,
(b) the sheriff in relation to applications for production orders, search warrants, customer information orders and account monitoring orders.

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Source: https://www.legislation.gov.uk/uksi/2013/2605/article/37 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-order-2013/article-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.