SCHEDULE 4 continued
(2) Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is a convicted mental patient as mentioned in subsection (1) above, order him to be kept in custody or detained in a place of safety pending his admission to hospital.
(3) Section 137 of the Mental Health Act 1983 and section 107 of the Mental Health Act (Northern Ireland) 1961 (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of the said Act of 1983 or 1961, as the case may be, to be so conveyed, kept or detained.
(4) In this section—
“convicted mental patient” means a person liable after being convicted of an offence to be detained under Part III of the Mental Health Act 1983, Part VI of this Act, Part III of the Mental Health Act (Northern Ireland) 1961 or section 52, 59(1) to (10) or 60 of the Criminal Procedure (Scotland) Act 1995 in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge or a person liable to be detained under section 38 of the said Act of 1983;
“place of safety” has the same meaning as in Part III of the said Act of 1983 or Part III of the said Act of 1961 or section 297 of the said Act of 1995, as the case may be.”
(10) In section 125—
(a) in the definition of “hospital order” and “guardianship order” for the words “section 175 or 376 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 58 of the Criminal Procedure (Scotland) Act 1995”;
(b) in the definition of “restriction order” for the words “section 178 or 379 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 59 of the Criminal Procedure (Scotland) Act 1995”; and
(c) in subsection (4) for the words from “section 174” to “1975” there shall be substituted the words “section 54, 57, 58 or 59 of the Criminal Procedure (Scotland) Act 1995”.
51 In subsection (1) of section 16C of the Video Recordings Act 1984 (sheriff’s jurisdiction), for the words “section 287 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 9 of the Criminal Procedure (Scotland) Act 1995”.
52 The Schedule to the Repatriation of Prisoners Act 1984 shall be amended as follows—
(a) in paragraph 4(2) for the words “section 207 or 415 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 207 of the Criminal Procedure (Scotland) Act 1995”;
(b) in paragraph 5(3) for “1975” there shall be substituted “1995”.
53 (1) The Foster Children (Scotland) Act 1984 shall be amended as follows.
(2) In section 7, in paragraph (c) of subsection (1) for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”.
(3) In section 13 for the words “sections 14 and 323 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 47 of the Children and Young Persons (Scotland) Act 1937”.
54 In subsection (1) of section 115 of the Rent (Scotland) Act 1984, in the definition of—
(a) “the standard scale” for the words “section 289G of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(1) of the Criminal Procedure (Scotland) Act 1995”; and
(b) “the statutory maximum” for the words “section 289B(6) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
55 In subsection (3) of section 75 of the Police and Criminal Evidence Act 1984—
(a) for the words “section 392 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 247 of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “section 182 or section 183 of the said Act of 1975” there shall be substituted the words “section 228 or section 246(3) of the said Act of 1995”.
56 (1) The Companies Act 1985 shall be amended as follows.
(2) In section 440, for the words “section 52 of the Criminal Justice (Scotland) Act 1987” there shall be substituted the words “section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995”.
(3) In subsection (3) of section 731, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
(4) In subsection (4) of section 734, for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 70 of the Criminal Procedure (Scotland) Act 1995”.
57 In subsection (6) of section 4 of the Surrogacy Arrangements Act 1985, for the words “section 331(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136(1) of the Criminal Procedure (Scotland) Act 1995”.
58 (1) The Bankruptcy (Scotland) Act 1985 shall be amended as follows.
(2) In section 5(4) (meaning of qualified creditor), for the words “or by section 114(1) of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “or by section 49(1) of the Proceeds of Crime (Scotland) Act 1995”.
(3) In section 7(1) (meaning of apparent insolvency), in the definition of “confiscation order”, for the words “or by section 114(1) of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “or by section 49(1) of the Proceeds of Crime (Scotland) Act 1995”.
(4) In subsection (2) of section 55 (effect of discharge of bankrupt on certain liabilities), after paragraph (a) there shall be inserted the following paragraphs—
“(aa) any liability to pay a fine imposed in a district court;
(ab) any liability under a compensation order within the meaning of section 249 of the Criminal Procedure (Scotland) Act 1995;”.
(5) In subsection (2) of section 68, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
59 In subsection (4) of section 26 of the Animals (Scientific Procedures) Act 1986, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
60 (1) The Consumer Safety (Amendment) Act 1986 shall be amended as follows.
(2) In subsection (3) of section 7, for “1975” there shall be substituted “1995”.
(3) In section 10 for the words “section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995”.
61 In subsection (3) of section 431 of the Insolvency Act 1986, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
62 In subsection (1) of section 8 of the Company Directors Disqualification Act 1986, for the words “section 52 of the Criminal Justice (Scotland) Act 1987” there shall be substituted the words “section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995”.
63 (1) The Legal Aid (Scotland) Act 1986 shall be amended as follows.
(2) In subsection (4) of section 21, for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307 of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (1) of section 22 (circumstances in which criminal legal aid automatically available), after paragraph (d) there shall be inserted the following paragraphs—
“(da) in relation to any proceedings under solemn or summary procedure whereby the court determines (whether or not on a plea by the accused person) whether he is insane so that his trial cannot proceed or continue;
(db) in relation to an examination of facts held under section 55 of the Criminal Procedure (Scotland) Act 1995 and the disposal of the case following such examination of facts;
(dc) in relation to any appeal under section 62 or 63 (appeal by, respectively, accused or prosecutor in case involving insanity) of that Act of 1995;”
(4) In subsection (2) of section 23, for the words from “section 41(2)(b)” to the end there shall be substituted the words “section 204(4)(b) of the Criminal Procedure (Scotland) Act 1995”.
(5) In subsection (1) of section 25 (legal aid in criminal appeals)—
(a) after the word “sentence” there shall be inserted the words “, other disposal”; and
(b) at the end there shall be inserted the words “other than an appeal in relation to which section 22(1)(dc) of this Act applies”.
(6) In subsection (2) of that section—
(a) in paragraph (a) after the word “below,” there shall be inserted the words “the Board is satisfied”; and
(b) for paragraph (b) and the preceding “and” there shall be substituted the following paragraphs—
“(b) in the case of an appeal under section 106(1) or 175(2) of the Criminal Procedure (Scotland) Act 1995, leave to appeal is granted; and
(c) in the case of an appeal under any other provision of that Act, where the applicant is the appellant, the Board is satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive criminal legal aid.”
(7) After the said subsection (2) there shall be inserted the following subsection—
“(2A) Where the Board has refused an application for criminal legal aid on the ground that it is not satisfied as mentioned in subsection (2)(c) above the High Court may, at any time prior to the disposal of an appeal, whether or not on application made to it, notwithstanding such refusal determine that it is in the interests of justice that the applicant should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.”
(8) For subsection (5) there shall be substituted the following subsections—
“(5) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with consideration under section 107, 180 or 187 of the Criminal Procedure (Scotland) Act 1995 whether to grant leave to appeal as if—
(a) in subsection (2)(a), for the words “of the appeal” there were substituted the words “in connection with consideration whether to grant leave to appeal”; and
(b) in subsection (4), after the word “is” there were inserted the words “subject to leave being granted,”.
(6) Subsections (2)(a) and (c) and (2A) to (4) above shall apply to an application for criminal legal aid in connection with a petition to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise) as they apply for the purposes of subsection (1) above.
(7) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with a reference by the Secretary of State under section 124 of the Criminal Procedure (Scotland) Act 1995 as they apply for the purposes of subsection (1) above.”
(9) In subsection (3) of section 30 (application of section 25 to legal aid in contempt proceedings),—
(a) before the words “Section 25” there shall be inserted the words “Subsections (2)(a) and (c), (2A) to (4) and (6) of”;
(b) for the words “it applies” there shall be substituted the words “they apply”;
(c) after the word “sentence” there shall be substituted the words “, other disposal”;
(d) after the word “application” there shall be inserted the following paragraph—
“(za) in subsection (2a) of that section, the reference to the High Court shall include a reference to the Court of Session;”; and
(e) in paragraph (b) for the word “(5)” there shall be substituted the word “(6)”.
(10) In subsection (2) of section 35, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
64 In subsection (5) of section 56 of the Social Security Act 1986—
(a) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “section 331 of the said Act of 1975” there shall be substituted the words “section 136 of the said Act of 1995”.
65 In subsection (5) of section 111 of the Building Societies Act 1986, for the words “section 331(3) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136(3) of the Criminal Procedure (Scotland) Act 1995”.
66 In subsection (4) of section 203 of the Financial Services Act 1986, for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 70 of the Criminal Procedure (Scotland) Act 1995”.
67 (1) The Banking Act 1987 shall be amended as follows.
(2) In subsection (3) of section 97, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”
(3) In subsection (4) of section 98, for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 70 of the Criminal Procedure (Scotland) Act 1995”.
68 In subsection (8) of section 17 of the Consumer Protection Act 1987, for the words from “and section 452(4)(a) to (e)” to the end there shall be substituted the words “and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this subsection as it applies to a stated case under Part X of that Act”.
69 (1) The Criminal Justice Act 1988 shall be amended as follows.
(2) In section 74(2)(c) (meaning of realisable property) for the words “Chapter II of Part II of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “Part II of the Proceeds of Crime (Scotland) Act 1995”.
(3) In subsection (10) of section 77 (restraint orders) for the words “Part II of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “the Proceeds of Crime (Scotland) Act 1995”.
(4) In section 89(2)(b) (compensation), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—
“(ii) an order of the Court of Session under section 32, 33, 34 or 35 of the Proceeds of Crime (Scotland) Act 1995.”
70 (1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.
(2) In section 108(6) (order for delivery up in criminal proceedings) for the words “Chapter II of Part II of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “Part II of the Proceeds of Crime (Scotland) Act 1995”.
(3) In section 199(6) (order for delivery up in criminal proceedings) for the words “Chapter II of Part II of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “Part II of the Proceeds of Crime (Scotland) Act 1995”.
71 (1) The Road Traffic Offenders Act 1988 shall be amended as follows.
(2) In subsection (5) of section 6 (time limit for commencement of summary proceedings), for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (6) of section 24 (alternative verdicts) for the words “sections 61, 63, 64, 312 and 457A of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “sections 295, 138(4), 256 and 293 of and Schedule 3 to the Criminal Procedure (Scotland) Act 1995”.
(4) In subsection (2) of section 31 (taking account of endorsation) for the words “section 357(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995”.
(5) In subsection (6) of section 32 (extracts of licensing records) for the words “section 357(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995”.
(6) After section 33 of the Road Traffic Offenders Act 1988 (fine and imprisonment), there shall be inserted the following section—
(1) Where a person commits an offence to which this subsection applies by—
(a) driving, attempting to drive, or being in charge of a vehicle; or
(b) failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or
(c) failing, as the driver of a vehicle, to comply with subsections (2) and (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),
the court may, on an application under this subsection, make an order forfeiting the vehicle concerned; and any vehicle forfeited under this subsection shall be disposed of as the court may direct.
(2) Subsection (1) above applies—
(a) to an offence under the Road Traffic Act 1988 which is punishable with imprisonment; and
(b) to an offence of culpable homicide.
(3) An application under subsection (1) above shall be at the instance of the prosecutor made when he moves for sentence (or, if the person has been remitted for sentence under section 195 of the Criminal Procedure (Scotland) Act 1995) made before sentence is pronounced.
(4) Where—
(a) the court is satisfied, on an application under this subsection by the prosecutor—
(i) that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence to which subsection (1) above applies allegedly committed in the manner specified in paragraph (a), (b) or (c) of that subsection; and
(ii) that there is reasonable cause to believe that a vehicle specified in the application is to be found in a place or in premises so specified; and
(b) it appears to the court that there are reasonable grounds for thinking that in the event of the person being convicted of the offence an order under subsection (1) above might be made in relation to the vehicle,
the court may grant a warrant authorising a person named therein to enter and search the place or premises and seize the vehicle.
(5) Where the court has made an order under subsection (1) above for the forfeiture of a vehicle, the court or any justice may, if satisfied on evidence on oath—
(a) that there is reasonable cause to believe that the vehicle is to be found in any place or premises; and
(b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended,
issue a warrant of search which may be executed according to law.
(6) In relation to summary proceedings, the reference in subsection (5) above to a justice includes a reference to the sheriff and to a magistrate.
(7) Part II of the Proceeds of Crime (Scotland) Act 1995 shall not apply in respect of a vehicle in relation to which this section applies.
(8) This section extends to Scotland only.”
(7) In subsection (3) of section 46 (combination of disqualification and endorsement with probation etc)—
(a) in paragraph (b) for the words from “section 182” to the end there shall be substituted the words “section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words from “section 191” to the end of the subsection there shall be substituted the words “section 247 of that Act shall not apply”.
(8) In section 60—
(a) in subsection (4) for the words “section 315 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 140 of the Criminal Procedure (Scotland) Act 1995”;
(b) in subsection (5) for the words “Part II” there shall be substituted the words “Part IX”; and
(c) in subsection (6)—
(i) in paragraph (b) for the words “section 312” where they first occur there shall be substituted the words “section 140(4)”;
(ii) in that paragraph for the words “paragraphs (a) to (z) of section 312 of” there shall be substituted the words “section 255 of and Schedule 3 to”; and
(iii) paragraph (c) shall cease to have effect.
(9) In subsection (7) of section 64 (commencement of proceedings against owner of vehicle) for the words “section 331(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136(1) of the Criminal Procedure (Scotland) Act 1995”.
(10) In subsection (1) of section 89 (interpretation), in the definition of “court of summary jurisdiction” for the words “section 462(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307(1) of the Criminal Procedure (Scotland) Act 1995”.
72 (1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
(2) In section 15 (supplementary provisions relating to arrest and detention)—
(a) in subsection (7) for paragraph (a) there shall be substituted the following paragraph—
“(a) section 135(3) of the Criminal Procedure (Scotland) Act 1995;”; and
(b) in subsection (8) for the words “Section 295(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Section 22(1) and (3) of the Criminal Procedure (Scotland) Act 1995”.
(3) In Schedule 4—
(a) in paragraph 16—
(i) in sub-paragraph (1), paragraph (b) shall cease to have effect;
(ii) in sub-paragraph (2)(b), the words “where granted under sub-paragraph (1)(a) above,” shall cease to have effect; and
(iii) in sub-paragraphs (5) and (6), the words “or arrestment”, in each place where they occur, shall cease to have effect; and
(b) after paragraph 16 there shall be inserted the following paragraph—
“16A (1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.
(2) A warrant under sub-paragraph (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.
(3) The fact that an arrestment has been executed under sub-paragraph (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.
(4) No arrestment executed under sub-paragraph (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.”
(c) in paragraph 19 (enforcement in Scotland of orders made elsewhere in the British Isles)—
(i) in sub-paragraph (5), for the words “and 16” there shall be substituted “, 16 and (subject to sub-paragraph (5A) below) 16A”; and
(ii) after sub-paragraph (5) there shall be inserted the following sub-paragraph—
“(5A) In its application by virtue of sub-paragraph (5) above paragraph 16A above shall have effect with the following modifications—
(a) for the references to the prosecutor there shall be substituted references to the Lord Advocate; and
(b) for the references to the court there shall be substituted references to the Court of Session.”
73 In subsection (13) of section 10 of the Extradition Act 1989 (bail in connection with appeal)—
(a) for the words “section 446(2) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 177(2) and (3) of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “section 444” there shall be substituted the words “section 176”.
74 (1) The Companies Act 1989 shall be amended as follows.
(2) In subsection (4) of section 44 (jurisdiction and procedure for offences) for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 70 of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (4) of section 91 (jurisdiction and procedure for offences) for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 70 of the Criminal Procedure (Scotland) Act 1995”.
75 (1) The Prisons (Scotland) Act 1989 shall be amended as follows.
(2) In subsection (1) of section 11 (removal of prisoners for judicial and other purposes), for the words “section 279 of the 1975 Act” there shall be substituted the words “section 132 of the 1995 Act”.
(3) In subsection (3) of section 21 (transfer to prison of young offenders) for the words “the 1975 Act” where they first occur there shall be substituted the words “the 1995 Act”.
(4) In section 39 (prison rules)—
(a) in subsection (5), for the words “section 279 of the 1975 Act” there shall be substituted the words “section 132 of the 1995 Act”; and
(b) in subsection (7), for the words “section 206 of the 1975 Act” there shall be substituted the words “section 208 of the 1995 Act”.
(5) For subsection (3) of section 40 (persons unlawfully at large) there shall be substituted the following subsection—
“(3) In this section—
(a) any reference to a person sentenced to imprisonment shall be construed as including a reference to any person sentenced or ordered to be detained under section 44, 205 or 208 of the 1995 Act;
(b) any reference to a prison shall be construed as including a reference to a place where the person is liable to be detained under the sentence or order; and
(c) any reference to a sentence shall be construed as including a reference to an order under the said section 44.”
(6) After section 40 there shall be added the following section—
(1) On an application being made to a justice alleging that any person is an offender unlawfully at large from a prison or other institution to which this Act or, as the case may be, the Prison Act 1952 or the Prison Act (Northern Ireland) 1953 applies in which he is required to be detained after being convicted of an offence, the justice may issue a warrant to arrest him and bring him before any sheriff.
(2) Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is an offender unlawfully at large as mentioned in subsection (1) above, order him to be returned to the prison or other institution where he is required or liable to be detained.”
(7) In subsection (1) of section 43 (interpretation) for the definition of “the 1975 Act” there shall be substituted the following—
““the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;”.
76 (1) The Criminal Justice (International Co-operation) Act 1990 shall be amended as follows.
(2) In subsection (6) of section 9 (enforcement of overseas forfeiture orders) for the words from “an offence”, in the second place where they occur, to the end there shall be substituted the words “an offence to which Part VI of the Criminal Justice Act 1988 applies or an offence to which Part I of the Proceeds of Crime (Scotland) Act 1995 applies or an offence in respect of which a suspended forfeiture order may be made under section 18 of the said Act of 1995”.
(3) In paragraph 2 of Schedule 1, for the words “section 320 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 156 of the Criminal Procedure (Scotland) Act 1995”.