Coronavirus (Scotland) (No.2) Bill 15 Schedule 2—Operation of the justice system Part 2—Proceeds of crime (4) If, following receipt of an application under subsection (1), the court is satisfied that the accused is or (as the case may be) was unable to pay the amount ordered to be paid under the confiscation order before the expiry of the extended period for a reason relating to coronavirus, the court may make an 5 order further extending the specified period relating to the confiscation order (“the further extended period”). (5) The further extended period— (a) must start with the day on which the confiscation order is made, and (b) may continue until such day as the court considers appropriate in the 10 circumstances. (6) The court must not make an order under subsection (4) unless it gives the prosecutor an opportunity to make representations. (7) Subsection (8) applies where an application is made under subsection (1) after the expiry of the extended period and the court makes an order under 15 subsection (4) following receipt of the application. (8) The order under subsection (4) is to be treated for the purposes of sections 116 and 117 as if it were made by the court immediately before the expiry of the extended period. (9) In this section— 20 “commencement day” means the day on which paragraph 8 of schedule 2 of the Coronavirus (Scotland) (No.2) Act 2020 comes into force, “specified period”, in relation to a confiscation order, means the period specified under section 116(2) within which the amount ordered to be paid under the confiscation order must be paid.”. 25 (4) Section 117 (interest on unpaid sums) has effect as if— (a) in subsection (1), after “section 116” there were inserted “(or within such a period as extended under section 116A)”, (b) in subsection (3)(c), after “ended” there were inserted “(but see subsection (3A))”, (c) after subsection (3) there were inserted— 30 “(3A) Subsection (3)(c) does not apply to an application made under subsection (4) of section 116 where the accused invites the court to make a finding as mentioned in subsection (5A) of that section in the context of making an order under subsection (4) of that section. (3B) For the purposes of this section, no amount is required to be paid under a 35 confiscation order if— (a) an application has been made under section 116A(1) in relation to the confiscation order before the expiry of the period specified under section 116(4) in respect of the order, and (b) the application has not been determined by the court.”. 16 Coronavirus (Scotland) (No.2) Bill Schedule 2—Operation of the justice system Part 3—Intimation, etc. of documents P ART 3 I NTIMATION , ETC .