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

Value of tainted gifts

This section has no associated Executive Note

34.—(1) The value at any time (the material time) of a tainted gift is the greater of the following–

(a)the value (at the time of the gift) of the property gives, adjusted to take account of later changes in the value of money;

(b)the value (at the material time) of the property found under paragraph (2).

(2) The property found under this paragraph is as follows–

(a)if the recipient holds the property given, that property;

(b)if the recipient holds no part of the property given, any property which directly or indirectly represents it in the recipient’s hands;

(c)if the recipient holds part of the property given, that part and any property which directly or indirectly represents the other part in the recipient’s hands.

(3) The references in paragraph (1)(a) and (b) to the value are to the value found in accordance with article 33.