Article 3 Scope of the OrderI1
Scotland
This Order has effect for the purpose of enabling the Lord Advocate and procurator fiscal to assist an external investigation by obtaining orders and warrants from the court.
The powers conferred by this Order are exercisable only if the Lord Advocate believes that the external investigation relates to a criminal investigation or criminal proceedings in the country or territory of the overseas authority carrying out the external investigation.
For the purpose of paragraph (2), criminal proceedings include proceedings to remove from a person the benefit of that person’s criminal conduct following that person’s conviction for an offence or offences.
This Order does not apply to an external investigation into whether a money laundering offence has been committed.
In this article, references to the court are to—
The High Court of Justiciary in relation to applications for disclosure orders;
The sheriff in relation to applications for production orders, search warrants, customer information orders and account monitoring orders.