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

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33.—(1) Subject to article 34, this article applies where it is necessary under this Order to decide the value at any time of property then held by that person.

(2) Its value is the market value of the property at that time.

(3) But if at that time another person holds an interest in the property its value, in relation to the person mentioned in paragraph (1) is the market value of that person’s interest at that time ignoring any charging order under a provision listed in paragraph (4).

(4) Those provisions are–

(a)section 9 of the Drug Trafficking Offences Are 1986(1);

(b)section 78 of the Criminal Justice Act 1988(2);

(c)article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990(3);

(d)section 27 of the Drug Trafficking Act 1994(4);

(e)article 32 of the Proceeds of Crime (Northern Ireland) Order 1996(5).

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