Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

(The document as of February, 2008)

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(b) an application has been made to the Secretary of State for an extension of the period of detention under subsection (5) of that section or sub-paragraph (3) of that paragraph.

(2) The reviews shall be carried out as follows--

(a) the first review shall be as soon as practicable after the beginning of the detention; and

(b) the subsequent reviews shall be at intervals of not more than twelve hours;

and no review shall be carried out after such an application as is mentioned in sub-paragraph (1)(b) above has been made.

(3) Subject to sub-paragraph (4) below, on any such review the review officer shall authorise the continued detention of the person in question if, and only if, he is satisfied--

(a) that his continued detention is necessary in order to obtain (whether by questioning him or otherwise) or to preserve evidence which--

(i) relates to an offence under section 2, 8, 9, 10 or 11 of this Act (in the case of detention under section 14) or under section 8 (in the case of detention under paragraph 6 of Schedule 5);

(ii) indicates that he is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of this Act applies; or

(iii) indicates that he is subject to an exclusion order; and

(b) that the investigation in connection with which that person is detained is being conducted diligently and expeditiously.

(4) The review officer may also authorise the continued detention of the person in question--

(a) pending consideration of the question whether he is subject to an exclusion order;

(b) pending consideration by the Secretary of State whether to make an exclusion order against him or to serve him with notice of a decision to make a deportation order under the [1971 c. 77.] Immigration Act 1971;

(c) pending a decision by the Director of Public Prosecutions or Attorney General or, as the case may be, the Lord Advocate or the Director of Public Prosecutions or Attorney General for Northern Ireland whether proceedings for an offence should be instituted against him; or

(d) if he is satisfied as to the matters specified in sub-paragraph (5) below.

(5) The matters referred to in sub-paragraph (4)(d) above are--

(a) that the continued detention of the person in question is necessary--

(i) pending a decision whether to apply to the Secretary of State for an exclusion order to be made in respect of him or for notice of a decision to make a deportation order under the Immigration Act 1971 to be served on him; or

(ii) pending the making of such an application; and

(b) that consideration of that question is being undertaken, or preparation of the application is being proceeded with, diligently and expeditiously.

The review officer

4 The review officer shall be an officer who has not been directly involved in the matter in connection with which the person in question is detained or examined and--

(a) in the case of a review carried out within twenty-four hours of the beginning of that person's detention or in the case of a review under paragraph 2 above, shall be an officer of at least the rank of inspector;

(b) in the case of any other review, shall be an officer of at least the rank of superintendent.

Postponement of reviews

5 (1) A review may be postponed--

(a) if, having regard to all the circumstances prevailing at the latest time specified in paragraph 1(2), 2(1) or 3(2) above, it is not practicable to carry out the review at that time;

(b) without prejudice to the generality of paragraph (a) above--

(i) if at that time the person in detention or being examined is being questioned by a police officer or an examining officer and the review officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which the person is being detained or examined; or

(ii) if at that time no review officer is readily available.

(2) If a review is postponed under this paragraph it shall be carried out as soon as practicable after the latest time specified for it under the relevant provision mentioned in sub-paragraph (1)(a) above.

(3) If a review is carried out after postponement under this paragraph, the fact that it was so carried out shall not affect any requirement of this Schedule as to the time at which any subsequent review is to be carried out.

Representations about detention

6 (1) Before determining whether to authorise a person's continued detention the review officer shall give--

(a) that person (unless he is asleep); or

(b) any solicitor representing him who is available at the time of the review,

an opportunity to make representations to him about the detention.

(2) Subject to sub-paragraph (3) below, the person whose detention is under review or his solicitor may make representations under this paragraph either orally or in writing.

(3) The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.

Rights of detained persons

7 (1) Where the review officer authorises a person's continued detention and at that time that person has not yet exercised a right conferred on him by section 56 or 58 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (right of arrested person to have someone informed and to have access to legal advice) the review officer shall inform him of that right and, if its exercise is being delayed in accordance with the provisions of the section in question, that it is being so delayed.

(2) Where a review of a person's detention is carried out under paragraph 1 or 3 above at a time when his exercise of a right conferred by either of those sections is being delayed--

(a) the review officer shall consider whether the reason or reasons for which the delay was authorised continue to subsist; and

(b) if he is not himself the officer who authorised the delay and is of the opinion that the reason or reasons have ceased to subsist, he shall inform that officer of his opinion.

(3) In the application of this paragraph to Scotland for the references to sections 56 and 58 of the said Act of 1984 there shall be substituted a reference to section 3A of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980.

(4) In the application of this paragraph to Northern Ireland for the references to sections 56 and 58 of the said Act of 1984 there shall be substituted references to sections 14 and 15 of the [1987 c. 30.] Northern Ireland (Emergency Provisions) Act 1987.

Records of review

8 (1) The review officer carrying out a review under this Schedule shall make a written record of the outcome of the review, including, where the continued detention or examination of the person in question is authorised, the grounds for authorisation and, where a review is postponed, the reason for the postponement.

(2) The record required by this paragraph shall be made in the presence of the person detained or examined and, where his continued detention or examination is authorised, he shall at that time be told the grounds for the authorisation.

(3) Sub-paragraph (2) above shall not apply where the person detained or examined is, at the time when the written record is made--

(a) incapable of understanding what is said to him;

(b) violent or likely to become violent; or

(4) Where the review officer informs a detained person of the matters mentioned in sub-paragraph (1) of paragraph 7 above he shall make a written record of the fact that he has done so.

(5) The review officer shall also make a written record of his conclusion on the matter which he is required to consider under sub-paragraph (2)(a) of that paragraph, and, if he has taken action in accordance with sub-paragraph (2)(b) of that paragraph, of the fact that he has done so.

Intervention by superior officer

9 Where the review officer is of a rank lower than superintendent and--

(a) an officer of higher rank than the review officer gives directions relating to the person detained or examined; and

(b) the directions are at variance--

(i) with any decision made or action taken by the review officer in the performance of a duty imposed on him by this Schedule; or

(ii) with any decision or action which would but for the directions have been made or taken by him in the performance of that duty,

the review officer shall refer the matter at once to an officer of the rank of superintendent or above.

Section 13(8).

SCHEDULE 4 Forfeiture Orders

Part I England and Wales

Implementation of forfeiture orders

1 (1) Where a court in England and Wales makes an order under section 13(2), (3) or (4) of this Act (in this Part of this Schedule referred to as a "forfeiture order") it may make an order--

(a) requiring any money or other property to which the forfeiture order applies to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;

(b) directing any such property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds to be paid to the proper officer;

(c) appointing a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any such property which is land, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d) directing a specified part of any money, or of the proceeds of the sale, disposal or realisation of any property, to which the forfeiture order applies to be paid by the proper officer to or for a specified person falling within section 13(6) of this Act;

(e) making such other provision as appears to the court to be necessary for giving effect to the forfeiture order or to any order made by virtue of paragraph (a), (b), (c) or (d) above.

(2) A forfeiture order shall not come into force until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of the order being set aside.

(3) Any balance in the hands of the proper officer after making any payment required under sub-paragraph (1)(d) above or paragraph 2 below shall be treated for the purposes of section 61 of the Justices of the [1979 c. 55.] Peace Act 1979 (application of fines etc.) as if it were a fine imposed by a magistrates' court.

(4) The proper officer shall, on the application of the prosecutor or defendant in the proceedings in which a forfeiture order is made, certify in writing the extent (if any) to which, at the date of the certificate, effect has been given to the order in respect of the money or other property to which it applies.

(5) In this paragraph "the proper officer" means, where the forfeiture order is made by a magistrates' court, the clerk of that court and, where the order is made by the Crown Court --

(a) the clerk of the magistrates' court by which the defendant was committed to the Crown Court; or

(b) if the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933, the clerk of the magistrates' court for the place where the trial took place;

and in this sub-paragraph references to the clerk of a magistrates' court shall be construed in accordance with section 141 of the [1980 c. 43.] Magistrates' Courts Act 1980 taking references to that Act as references to this Act.

(6) In this paragraph references to the proceeds of the sale, disposal or realisation of property are references to the proceeds after deduction of the costs of sale, disposal or realisation.

(7) This paragraph has effect to the exclusion of section 140 of the said Act of 1980.

2 (1) Where a receiver appointed under paragraph 1 above takes any action--

(a) in relation to property which is not subject to forfeiture, being action which he would be entitled to take if it were such property;

(b) believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

(2) A receiver appointed under paragraph 1 above shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the prosecutor.

Restraint orders

3 (1) The High Court may in accordance with this paragraph by an order (referred to in this Part of this Schedule as a "restraint order") prohibit any person, subject to such conditions and exceptions as may be specified in the order, from dealing with any property liable to forfeiture, that is to say, any property in respect of which a forfeiture order has been made or in respect of which such an order could be made in the proceedings referred to in sub-paragraph (2) or (3) below.

(2) A restraint order may be made where--

(a) proceedings have been instituted against a defendant in England or Wales for an offence under Part III of this Act;

(b) the proceedings have not been concluded; and

(c) either a forfeiture order has been made or it appears to the court that there are reasonable grounds for thinking that a forfeiture order may be made in those proceedings.

(3) A restraint order may also be made where--

(a) the court is satisfied that, whether by the laying of an information or otherwise, a person is to be charged in England and Wales with an offence under Part III of this Act; and

(b) it appears to the court that a forfeiture order may be made in proceedings for the offence.

(4) In the application of the provisions of this Part of this Schedule at a time when a restraint order may be made by virtue of sub-paragraph (3) above references to the prosecutor shall be construed as references to the person who the High Court is satisfied is to have the conduct of the proposed proceedings.

(5) Where the court has made an order under this paragraph by virtue of sub-paragraph (3) above the court may discharge the order if proceedings in respect of the offence are not instituted (whether by the laying of an information or otherwise) within such time as the court considers reasonable.

(6) For the purposes of this paragraph, dealing with property includes, without prejudice to the generality of that expression--

(a) where a debt is owed to the person concerned, making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from the jurisdiction of the High Court.

(7) In exercising the powers conferred by this paragraph the court shall not take account of any obligations of any person having an interest in the property subject to the restraint order which might frustrate the making of a forfeiture order.

(8) For the purposes of this paragraph proceedings for an offence are instituted--

(a) when a justice of the peace issues a summons or warrant under section 1 of the [1980 c. 43.] Magistrates' Courts Act 1980 in respect of that offence;

(b) when a person is charged with the offence after being taken into custody without a warrant;

(c) when a bill of indictment is preferred by virtue of section 2(2)(b) of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933;

and where the application of this sub-paragraph would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(9) For the purposes of this paragraph and paragraph 4 below proceedings are concluded--

(a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies; or

(b) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a forfeiture order being made in the proceedings.

4 (1) A restraint order--

(a) may be made only on an application by the prosecutor;

(b) may be made on an ex parte application to a judge in chambers; and

(2) A restraint order--

(a) may be discharged or varied in relation to any property; and

(b) shall be discharged when proceedings for the offence are concluded.

(3) An application for the discharge or variation of a restraint order may be made by any person affected by it.

5 (1) Where the High Court has made a restraint order a constable may for the purpose of preventing any property subject to the order being removed from the jurisdiction of the court seize that property.

(2) Property seized under this paragraph shall be dealt with in accordance with the court's directions.

6 (1) The [1972 c. 61.] Land Charges Act 1972 and the [1925 c. 21.] Land Registration Act 1925 shall apply--

(a) in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances; and

(b) in relation to applications for restraint orders as they apply in relation to other pending land actions.

(2) The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates.

Compensation

7 (1) If proceedings are instituted against a person for an offence under Part III of this Act and either--

(a) the proceedings do not result in his conviction for any such offence; or

(b) where he is convicted of one or more such offences--

(i) the conviction or convictions concerned are quashed; or

(ii) he is pardoned by Her Majesty in respect of the conviction or convictions concerned,

the High Court may, on an application by a person who had an interest in any property which was subject to a forfeiture or restraint order made in or in relation to those proceedings, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to do so.

(2) The High Court shall not order compensation to be paid in any case unless it is satisfied--

(a) that there is some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned, being a person mentioned in sub-paragraph (5) below; and

(b) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order under this Part of this Schedule.

(3) The court shall not order compensation to be paid in any case where it appears to it that the proceedings would have been instituted even if the serious default had not occurred.

(4) The amount of compensation to be paid under this paragraph shall be such as the High Court thinks just in all the circumstances of the case.

(5) Compensation payable under this paragraph shall be paid--

(a) where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met;

(b) where the person in default was a member of the Crown Prosecution Service or acting on behalf of the Service, by the Director of Public Prosecutions.

(6) Sub-paragraph (8) of paragraph 3 above applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

Enforcement of orders made elsewhere in the British Islands

8 (1) In the following provisions of this Part of this Schedule--

"a Scottish order" means--

(a) an order made in Scotland under section 13(2), (3) or (4) of this Act ("a Scottish forfeiture order");

(b) an order made under paragraph 13 below ("a Scottish restraint order"); or

(c) an order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;

"a Northern Ireland" order means--

(a) an order made in Northern Ireland under section 13(2), (3) or (4) of this Act ("a Northern Ireland forfeiture order");

(b) an order made under paragraph 23 below ("a Northern Ireland restraint order"); or

(c) an order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;

"an Islands order" means--

(a) an order made in any of the Islands under section 13(2), (3) or (4) of this Act as extended to that Island under section 28(3) of this Act ("an Islands forfeiture order");

(b) an order under paragraph 3 above as so extended ("an Islands restraint order"); or

(c) an order made under any other provision of this Part of this Schedule as so extended in relation to an Islands forfeiture or restraint order.

(2) In paragraphs (a), (b) and (c) of the definition of "an Islands order" the reference to a provision of this Act as extended to an Island under section 28(3) of this Act includes a reference to any other provision of the law of that Island for purposes corresponding to that provision.

9 (1) A Scottish order, Northern Ireland order or Islands order shall, subject to the provisions of this paragraph, have effect in the law of England and Wales but shall be enforced in England and Wales only in accordance with the provisions of this paragraph and any provision made by rules of court as to the manner in which and the conditions subject to which such orders are to be enforced there.

(2) The High Court shall, on an application made to it in accordance with rules of court for registration of a Scottish order, Northern Ireland order or Islands order, direct that the order shall, in accordance with such rules, be registered in that court.

(3) Rules of court shall also make provision--

(a) for cancelling or varying the registration of a Scottish, Northern Ireland or Islands forfeiture order when effect has been given to it (whether in England and Wales or elsewhere) in respect of all or, as the case may be, part of the money or other property to which the order applies;

(b) for cancelling or varying the registration of a Scottish, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

(4) If a Scottish, Northern Ireland or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 1(1) above in relation to a forfeiture order made by it (and paragraph 2 above applies accordingly) but any functions of the clerk of a magistrates' court shall be exercised by the appropriate officer of the High Court.

(5) After making any payment required by virtue of paragraph 1(1)(d) or 2 above, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under sub-paragraph (4) above shall be paid by him to the Secretary of State.

(6) Paragraphs 3(7), 5 and 6 above shall apply to a registered Scottish, Northern Ireland or Islands restraint order as they apply to a restraint order and the High Court shall have the like power to make an order under section 33 of the [1981 c. 54.] Supreme Court Act 1981 (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for a Scottish, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

(7) Without prejudice to the foregoing provisions, if a Scottish order, Northern Ireland order or Islands order is registered under this paragraph--

(a) the High Court shall have, in relation to its enforcement, the same power;

(b) proceedings for or with respect to its enforcement may be taken; and

(c) proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,

as if the order had originally been made in the High Court.

(8) The High Court may, additionally, for the purpose of--

(a) assisting the achievement in England and Wales of the purposes of a Scottish order, Northern Ireland order or Islands order; or

(b) assisting any receiver or other person directed by any such order to sell or otherwise dispose of property,

make such orders or do otherwise as seems to it appropriate.

(9) A document purporting to be a copy of a Scottish order, Northern Ireland order or Islands order and to be certified as such by a proper officer of the court by which it was made or purporting to be a certificate for purposes corresponding to those of paragraph 1(4) above and to be certified by a proper officer of the court concerned shall, in England and Wales, be received in evidence without further proof.

Enforcement of orders made in designated countries

10 (1) Her Majesty may by Order in Council make such provision as appears to Her Majesty to be appropriate for the purpose of enabling the enforcement in England and Wales of orders to which this paragraph applies.

(2) This paragraph applies to any order ("an external order") which is made in a country or territory designated for the purposes of this paragraph by the Order in Council and--

(a) provides for the forfeiture of terrorist funds within the meaning of section 11(3)(a) or (b) of this Act ("an external forfeiture order"); or

(b) makes provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in that country or territory ("an external restraint order").

(3) Without prejudice to the generality of sub-paragraph (1) above, an Order in Council under this paragraph may make provision for matters corresponding to those for which provision is made by, or can be made under, paragraph 9(1) to (8) above in relation to the orders to which that paragraph applies and for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(4) An Order in Council under this paragraph may also make such provision as appears to Her Majesty to be appropriate with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(5) An Order under this paragraph may make different provision for different cases.

(6) No Order shall be made under this paragraph unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Part II Scotland

Implementation of forfeiture orders

11 (1) Where a court in Scotland makes an order under section 13(2), (3) or (4) of this Act (in this Part of this Schedule referred to as a "forfeiture order") it may make an order--

(a) directing any property to which the forfeiture order applies other than money or land to be sold or otherwise disposed of in such manner as the court may direct;

(b) appointing an administrator to take possession, subject to such conditions and exceptions as may be specified by the court, of any such property which is land and to realise it in such manner as the court may direct;

(c) directing a specified part of any money, or of the proceeds of the sale, disposal or realisation of any property, to which the forfeiture order applies to be paid to or for a specified person falling within section 13(6) of this Act;

(d) making such other provision as appears to the court to be necessary for giving effect to the forfeiture order or to any order made by virtue of paragraph (a), (b) or (c) above.

(2) The Court of Session may by rules of court prescribe the powers and duties of an administrator appointed under sub-paragraph (1)(b) above.

(3) A forfeiture order shall not come into force so long as an appeal is pending against the order or against the conviction on which it was made; and for this purpose where an appeal is competent but has not been brought it shall be treated as pending until the expiry of a period of fourteen days from the date when the order was made.

(4) Any balance remaining after making any payment required under sub-paragraph (1)(c) above or paragraph 12 below shall be treated for the purposes of section 203 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (fines payable to HM Exchequer) as if it were a fine imposed in the High Court.

(5) The clerk of court shall, on the application of the prosecutor or defender in the proceedings in which a forfeiture order is made, certify in writing the extent (if any) to which, at the date of the certificate, effect has been given to the order in respect of the money or other property to which it applies.

(6) In this paragraph references to the proceeds of the sale, disposal or realisation of property are references to the proceeds after deduction of the costs of sale, disposal or realisation.

12 (1) Where an administrator appointed under paragraph 11 above takes any action--

(a) in relation to property which is not subject to forfeiture, being action which he would be entitled to take if it were such property;

(b) believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

(2) An administrator appointed under paragraph 11 above shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the Lord Advocate.

(3) The accountant of court shall supervise an administrator appointed under paragraph 11 above in the exercise of the powers conferred, and discharge of the duties imposed, on him under or by virtue of that paragraph.

Restraint orders

13 (1) The Court of Session may in accordance with this paragraph by an order (referred to in this Part of this Schedule as a "restraint order") prohibit any person specified in the order, subject to such conditions and exceptions as may be so specified, from dealing with any property liable to forfeiture, that is to say, any property in respect of which a forfeiture order has been made or in respect of which such an order could be made in the proceedings referred to in sub-paragraph (2) or (3) below.

(2) A restraint order may be made in respect of a person where--

(a) proceedings have been instituted against him in Scotland for an offence under Part III of this Act;

(b) the proceedings have not been concluded; and

(c) either a forfeiture order has been made or it appears to the court that there are reasonable grounds for thinking that a forfeiture order may be made in those proceedings.

(3) A restraint order may also be made where--

(a) the court is satisfied that a procurator fiscal proposes to apply for a warrant to arrest and commit a person suspected of an offence under Part III of this Act or to charge such a person with such an offence and that in either case the suspicion is reasonable; and

(b) it appears to the court that a forfeiture order may be made in proceedings for the offence.

(4) Where the court has made an order under this paragraph by virtue of sub-paragraph (3) above the court may discharge the order if proceedings in respect of the offence are not instituted within such time as the court considers reasonable.

(5) For the purposes of this paragraph, dealing with property includes, without prejudice to the generality of that expression--

(a) where a debt is owed to the person concerned, making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from the jurisdiction of the Court of Session.

(6) In exercising the powers conferred by this paragraph the court shall not take account of any obligations of any person having an interest in the property subject to the restraint order which might frustrate the making of a forfeiture order.

(7) For the purposes of this paragraph proceedings for an offence are instituted--

(a) when warrant to arrest a person suspected of or charged with such an offence is granted;

(b) when a person is charged with the offence after being taken into custody without a warrant;

and where the application of this sub-paragraph would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(8) For the purposes of this paragraph and paragraph 14 below proceedings are concluded--

(a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies; or

(b) when (disregarding any power of a court to extend the period within which an appeal may be made) there is no further possibility of a forfeiture order being made in the proceedings.

14 (1) A restraint order--

(a) may be made only on an application by the Lord Advocate;

(b) may be made on an ex parte application which shall be heard in chambers; and

(2) On an application made by any person affected by a restraint order, the order--

(a) may be recalled or varied in relation to any property; and

(b) shall be recalled when proceedings for the offence are concluded.

(3) Where proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the court for recall of the order and the court shall grant the application.

15 (1) Where the Court of Session has made a restraint order a constable may for the purpose of preventing any property subject to the order being removed from the jurisdiction of the court seize that property.

(2) Property seized under this paragraph shall be dealt with in accordance with the court's directions.

16 (1) On the application of the Lord Advocate, the Court of Session may, in respect of--

(a) heritable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order; and

(b) moveable property so affected (whether such property generally or particular such property) grant warrant for arrestment if the property would be arrestable were the person entitled to it a debtor.

(2) Subject to the provisions of this Part of this Schedule, a warrant under sub-paragraph (1) above--

(a) shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly;

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