The Libyan authorities have applied for the transfer of the man convicted of the Lockerbie bombing, the Scottish government said today.
The move, which could see Abdelbaset Ali Mohmed al Megrahi sent home to Libya to serve out his sentence, follows last week's ratification of a prisoner transfer agreement between the British and Libyan governments.
A Scottish government spokesman
said: "The application will be considered by officials who will provide information and advice to Scottish ministers for decision on this matter.
"Under the terms of the agreement this process may take 90 days although it could be longer if further information is required in relation to the application, or for another reason."
Al Megrahi, who has been diagnosed with prostate cancer, is in Greenock prison serving a life sentence with a minimum of 27 years for the 1988 atrocity in which 270 people died.
His second appeal against conviction began at the Appeal Court in Edinburgh last week, but this must be dropped if his transfer to a Libyan jail is to take place.
Dr Jim Swire, whose daughter Flora was on board the Pan Am flight 103, welcomed the development.
He said: "I am not opposed to this simply because I don't believe the man is guilty as charged and I don't think Megrahi should be in prison."
He said it was only "right" Megrahi, who is dying from cancer, should be allowed home.
But Dr Swire added: "He has to renounce his appeal before he can go home. Just because the authorities have applied doesn't mean it is going to happen immediately."
The application to the Scottish Government was made late yesterday, officials said.
Under terms of Britain's agreement with Libya, a decision on transferring a prisoner cannot be made if there are any outstanding legal proceedings.
But the fact that legal proceedings are still outstanding does not prevent an application being lodged.
The prisoner transfer deal was ratified last Wednesday – the day after Megrahi's second appeal began in Edinburgh.
For a prisoner like Megrahi, who has prostate cancer, the requirement that there can be no legal proceedings outstanding poses an agonising choice.
He can either drop his appeal – and with it his bid to clear his name – and seek a return to Libya,.
Or he can persist with an appeal – and possibly die before it is completed.
Labour's Scottish justice spokesman Richard Baker said: "It is absolutely right that it is Scottish ministers that will be responsible for any decision to transfer Mr Megrahi.
"The Scottish Justice Minister has responsibility for Scottish prisoners and so it follows that Kenny MacAskill should decide on the issue."
