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The Criminal Justice (International Co operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 2005

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Property

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31.—(1) In this Order–

(a)a reference to property is a reference to all property wherever situated and includes–

(i)money;

(ii)all forms of property, whether heritable or moveable and whether corporeal or incorporeal;

(b)property is held by a person if that person holds an interest in it;

(c)property is obtained by a person if that person obtains an interest in it;

(d)property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

(e)references to property held by a person include references to property vested in that person’s permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985(1)), trustee in bankruptcy or liquidator);

(f)references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;

(g)references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;

(h)references to an interest, in relation to property other than land, include references to a right (including a right to possession).

(2) Property is “relevant property” if there are reasonable grounds to believe that it may be needed to satisfy an external forfeiture order which has been made or which may be made.

(3) “Specified property” in relation to an external forfeiture order means the property, the recovery of which is specified in the external forfeiture order.

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