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

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Dealings in good faith with administrator

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5.—(1) A person dealing with an administrator in good faith and for value is not concerned to enquire whether the administrator is acting within the powers mentioned in paragraph 3.

(2) Sub paragraph (1) does not apply where the administrator or an associated purchases property in contravention of paragraph 3(10).

(3) The validity of any title is not challengeable by reason only of the administrator having acted outwith the powers mentioned in paragraph 3.

(4) The exercise of a power mentioned in paragraphs 3(4) to (11) must be in A’s name except where and in so far as an order made by the court under this sub paragraph vests the property in the administrator (or in a previous administrator).

(5) The court may make an order under sub paragraph (4) on the application of the administrator or on its own motion.

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