International Criminal Court (Scotland) Act 2001

• (1) This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a freezing order and the insolvency practitioner—

• (a) reasonably believes that such seizing or disposing is done in the exercise of the functions of the insolvency practitioner; and

• (b) would be entitled so to seize or dispose of the property if it were not subject to a freezing order.

• (2) The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by the insolvency practitioner’s negligence.

• (3) The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale—

• (a) for such of the expenses of the insolvency practitioner as were incurred in connection with the liquidation, sequestration or other proceedings in relation to which the seizure or disposal purported to take place; and

• (b) for so much of the remuneration of the insolvency practitioner as may be reasonably assigned for the practitioner’s acting in connection with those proceedings.

• (4) Sub-paragraphs (1) to (3) above are without prejudice to the generality of any provision contained in the 1986 Act.

• (5) In this paragraph “insolvency practitioner” means a person acting as an insolvency practitioner in relation to property subject to a freezing order.

• (6) For the purpose of sub-paragraph (5) above any question whether a person is acting as an insolvency practitioner in Scotland or in England and Wales shall be determined in accordance with section 388 of the 1986 Act, except that—

• (a) the reference in section 388(2)(a) to a permanent or interim trustee in the sequestration of a debtor’s estate shall be taken to include a reference to a trustee in sequestration;

• (b) section 388(5) shall be disregarded; and

• (c) the expression shall also include the Official Receiver acting as receiver or manager of property.

• (7) For the purpose of sub-paragraph (5) above any question whether a person is acting as an insolvency practitioner in Northern Ireland shall be determined in accordance with Article 3 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405), except that—

• (a) Article 3(5) shall be disregarded; and

• (b) the expression shall also include the Official Receiver acting as receiver or manager of property.

Interpretation

12

• (1) For the purposes of this schedule—

• ...

• “the 1986 Act” means the Insolvency Act 1986 (c.45);

• “the 2016 Act” means the Bankruptcy (Scotland) Act 2016;

• “company” means any company which may be wound up under the 1986 Act;

• “dealing with property” includes (without prejudice to the generality of that expression)—where a debt is owed to a person, making a payment to any person in reduction of the amount of the debt; andremoving the property from Scotland; and

• “property” includes money and all other property, heritable or moveable, real or personal and including things in action and other intangible or incorporeal property.

• (2) For the purposes of this schedule ICC proceedings are concluded—

• (a) when there is no further possibility of a forfeiture order being made in the proceedings; or

• (b) on the satisfaction of a forfeiture order made in the proceedings (whether by the recovery of all the property liable to be recovered, or otherwise).

• (3) For the purposes of paragraphs 8 to 11 above references to a freezing order include references to a freezing order made under Schedule 6 to the 2001 Act.

Conduct ancillary to genocide etc.

Supplementary provisions

8A

• (1) In this Part—

• “ United Kingdom national ” means— a British citizen, a British Overseas Territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 (c.61) is a British subject, ora British protected person within the meaning of that Act,

• “ United Kingdom resident ” means a person who is resident in the United Kingdom.

• (2) To the extent that it would not otherwise be the case, the following individuals are to be treated for the purposes of this Part as being resident in the United Kingdom—

• (a) an individual who has indefinite leave to remain in the United Kingdom,

• (b) any other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom,

• (c) an individual who has leave to enter or remain in the United Kingdom for the purposes of work or study and who is in the United Kingdom,

• (d) an individual who has made an asylum claim, or a human rights claim, which has been granted,

• (e) any other individual who has made an asylum claim or a human rights claim (whether or not the claim has been determined) and who is in the United Kingdom,

• (f) an individual named in an application for indefinite leave to remain, an asylum claim or a human rights claim as a dependant of the individual making the application or claim if—

• (i) the application or claim has been granted, or

• (ii) the named individual is in the United Kingdom (whether or not the application or claim has been determined),

• (g) an individual who would be liable to removal or deportation from the United Kingdom but cannot be removed or deported because of section 6 of the Human Rights Act 1998 (c.42) or for practical reasons,

• (h) an individual—

• (i) against whom a decision to make a deportation order under section 5(1) of the Immigration Act 1971 (c.77) by virtue of section 3(5)(a) of that Act (deportation conducive to the public good) has been made,

• (ii) who has appealed against the decision to make the order (whether or not the appeal has been determined), and

• (iii) who is in the United Kingdom,

• (i) an individual who is an illegal entrant within the meaning of section 33(1) of the Immigration Act 1971 or who is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c.33),

• (j) an individual who is detained in lawful custody in the United Kingdom.

• (3) When determining for the purposes of this Part whether any other individual is resident in the United Kingdom regard is to be had to all relevant considerations including—

• (a) the periods during which the individual is, has been or intends to be in the United Kingdom,

• (b) the purposes for which the individual is, has been or intends to be in the United Kingdom,

• (c) whether the individual has family or other connections to the United Kingdom and the nature of those connections, and

• (d) whether the individual has an interest in residential property located in the United Kingdom.

• (4) In this section—

• “ asylum claim ” means— a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom,a claim that the claimant would face a real risk of serious harm if removed from the United Kingdom,

• “ Convention rights ” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998,

• “ detained in lawful custody ” means— detained in pursuance of a sentence of imprisonment or detention, a sentence of custody for life or a detention and training order,remanded in or committed to custody by an order of a court,detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 (c.31) or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984 (c.47), detained under Part 3 of the Mental Health Act 1983 (c.20) or by virtue of an order under section 5 of the Criminal Procedure (Insanity) Act 1964 (c.84) or section 6 or 14 of the Criminal Appeal Act 1968 (c.19) (hospital orders etc. ), detained by virtue of an order under Part 6 of the Criminal Procedure (Scotland) Act 1995 (c.46) (other than an order under section 60C) or a hospital direction under section 59A of that Act, and includes detention by virtue of the special restrictions set out in Part 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) to which a person is subject by virtue of an order under section 59 of the Criminal Procedure (Scotland) Act 1995, detained under Part 3 of the Mental Health (Northern Ireland) Order 1986 ( SI 1986/595) or by virtue of an order under section 11 or 13(5A) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47),

• “ human rights claim ” means a claim that to remove the claimant from, or to require the claimant to leave, the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with the person's Convention rights,

• “ the Refugee Convention ” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention,

• “ serious harm ” has the meaning given by article 15 of Council Directive 2004/83/ EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted.

• (5) In this section, a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.

• (6) This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).

Retrospective application of certain offences

9A

• (1) Section 1 of this Act applies to acts committed on or after 1 January 1991.

• (2) But that section does not apply to an act committed before 17 December 2001 which constitutes a crime against humanity or a war crime within article 8.2(b) or (e) unless, at the time the act was committed, it amounted in the circumstances to a criminal offence under international law.

• (3) Section 2 of this Act applies to conduct engaged in on or after 1 January 1991.

• (4) The references in subsections (1), (3) and (5) of that section to an offence include an act or conduct that would not constitute an offence but for this section.

• (5) Any enactment or rule of law relating to an offence ancillary to a relevant offence applies—

• (a) to conduct engaged in on or after 1 January 1991, and

• (b) even if the act or conduct constituting the relevant offence would not constitute such an offence but for this section.

• (6) But section 2 of this Act, and any enactment or rule of law relating to an offence ancillary to a relevant offence, do not apply to—

• (a) conduct engaged in before 17 December 2001, or

• (b) conduct engaged in on or after that date which was ancillary to an act or conduct that—

• (i) was committed or engaged in before that date, and

• (ii) would not constitute a relevant offence but for this section,

unless, at the time the conduct was engaged in, it amounted in the circumstances to a criminal offence under international law.

• (7) Section 5 of this Act, so far as it has effect in relation to relevant offences, applies—

• (a) to failures to exercise control of the kind mentioned in subsection (2) or (3) of that section which occurred on or after 1 January 1991, and

• (b) even if the act or conduct constituting the relevant offence would not constitute an offence but for this section.

• (8) But section 5 of this Act, so far as it has effect in relation to relevant offences, does not apply to a failure to exercise control of the kind mentioned in subsection (2) or (3) of that section which occurred before 17 December 2001 unless, at the time it occurred, it amounted in the circumstances to a criminal offence under international law.

• (9) In this section, “ relevant offence ” means an offence under section 1 or 2 of this Act or an offence ancillary to such an offence.

Provision supplemental to section 9A: modification of penalties

9B

• (1) This section applies in relation to—

• (a) an offence under section 1 of this Act on account of an act committed before 17 December 2001 constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969,

• (b) an offence under section 1 of this Act on account of an act committed before 1 September 2001 constituting a war crime, if at the time the act was committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (c.52) (grave breaches of the Conventions),

• (c) an offence ancillary to an offence within paragraph (a) or (b) above.

• (2) Section 3(5) of this Act has effect in relation to such an offence as if for “30 years” there were substituted 14 years.

Amendment of Criminal Procedure (Scotland) Act 1995

Questioning

Limited disapplication of certain provisions relating to sentences

Power to make provision for enforcement of orders

Interpretation

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such—

Order to provide evidence

Grounds for making order

Effect of warrant

Grounds for making order

Editorial notes

Genocide, crimes against humanity and war crimes

Responsibility of military commanders and other superiors

Supplementary provisions

Application of principles of the law of Scotland, construction etc.

Provision supplemental to section 9A: modification of penalties

Amendment of Criminal Procedure (Scotland) Act 1995

Provision of assistance to the ICC

Detention in Scotland of certain prisoners

Amendment of Mental Health (Scotland) Act 1984

Supplementary provisions relating to the ICC

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such—

Nomination of court to supervise taking of evidence

Application for order

Application for warrant

Application for freezing order

Taking of fingerprints etc.

Limited disapplication of certain provisions relating to sentences

Power to make provision for enforcement of orders

Interpretation

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such—

Order to provide evidence

Grounds for making order

Effect of warrant

Grounds for making order

Property subject to floating charge