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The Knives etc. (Disposal of Forfeited Property) (Scotland) Order 2010

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Disposal of Property

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4.—(1) Subject to paragraphs (4) to (6) below, rights in the property will vest in the relevant authority where either the appeal or application (as the case may be) referred to in article 3 is refused or where a recovery order is granted but section 27K(6) of the Act applies (rights lost at the end of 6 months).

(2) Subject to paragraphs (3) and (4) below, property to which this Order applies must be destroyed by the police.

(3) Subject to paragraph (4), the relevant authority may, instead of arranging for the destruction of the property, give or sell it to a museum or similar institution but only where the relevant authority is satisfied that the property is of particular rarity, aesthetic quality or technical or historical interest.

(4) On application by the Lord Advocate the court may direct that any property to which the forfeiture order relates, is to vest in any person other than the relevant authority for its destruction or disposal, and may dis-apply paragraph (6) and make such other order relating to any proceeds as it considers appropriate.

(5) The title to any property given or sold to a museum or similar institution, or any other person transfers to that institution or person in accordance with paragraphs (3) or (4), and except for proceeds mentioned in paragraph (6), discharges the rights and duties of the relevant authority under paragraphs (1) and (2).

(6) The proceeds of any disposals under this Order (if any) are to be paid to, and vest in, the relevant authority unless a court orders otherwise.

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