Page 853 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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841
Kanunları ve Tercümeleri
25G (1) Where the Court of Session decides to give effect to an overseas freezing order, the
Deputy Principal Clerk of Session must—
(a) register the order in the Books of Council and Session,
(b) provide for notice of the registration to be given to any person affected by it.
(2) For the purpose of enforcing an overseas freezing order registered in the Books of Council
and Session, the order is to have effect as if it were an order made by the Court of Session.
(3) Paragraphs 20 and 21 apply to an overseas freezing order registered in the Books of Coun-
cil and Session as they apply to a restraint order under paragraph 18.
(4) The Court of Session may cancel the registration of the order, or vary the property to which
the order applies, on an application by the Lord Advocate or any other person affected by it, if or
to the extent that—
(a) the court is of the opinion mentioned in paragraph 25E(4), or
(b) the court is of the opinion that the order has ceased to have effect in the participa-
ting country.
(5) Her Majesty may by Order in Council make further provision for the enforcement in Scot-
land of registered overseas freezing orders.
(6) An Order in Council under this paragraph—
(a) may make different provision for different cases,
(b) is not to be made unless a draft of it has been laid before and approved by resoluti-
on of each House of Parliament.”
In paragraph 28 of that Schedule (enforcement of orders made in designated countries), in
sub-paragraph (2), after the second “order” there is inserted
“(other than an overseas freezing order within the meaning of paragraph 25D)”.
(7) In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 41 there is
inserted—
“Domestic and overseas freezing orders
41A (1) This paragraph has effect for the purposes of paragraphs 41B to 41G.
(2) The relevant Framework Decision means the Framework Decision on the execution in the
European Union of orders freezing property or evidence adopted by the Council of the European
Union on 22nd July 2003.