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Part 5 U.K.Civil recovery of the proceeds etc. of unlawful conduct

Chapter 4 U.K.General

InterpretationU.K.

316 General interpretationU.K.

(1)In this Part—

(2)The following provisions apply for the purposes of this Part.

(3)For the purpose of deciding whether or not property was recoverable at any time (including times before commencement), it is to be assumed that this Part was in force at that and any other relevant time.

(4)Property is all property wherever situated and includes—

(a)money,

(b)all forms of property, real or personal, heritable or moveable,

(c)things in action and other intangible or incorporeal property.

(5)Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows.

(6)In relation to land, it is a reference to any interest which he holds in the land.

(7)In relation to property other than land, it is a reference—

(a)to the property (if it belongs to him), or

(b)to any other interest which he holds in the property.

(8)References to the satisfaction of the enforcement authority’s right to recover property obtained through unlawful conduct are to be read in accordance with section 279.

(9)Proceedings against any person for an offence are concluded when—

(a)the person is convicted or acquitted,

(b)the prosecution is discontinued or, in Scotland, the trial diet is deserted simpliciter, or

(c)the jury is discharged without a finding.