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Prescription and Limitation (Scotland) Act 1973
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- UK Public General Acts
- 1973 c. 52
- Part II
- Section 19C
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Prescription and Limitation (Scotland) Act 1973, Section 19C is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(4A) inserted by 2018 asp 15 s. 4(3)
- s. 7(3)-(5) inserted by 2018 asp 15 s. 6(2)(b)
- s. 7A inserted by 2018 asp 15 s. 9(2)
- s. 8(1A)-(1C) inserted by 2018 asp 15 s. 7(3)
- s. 9(1)(e)-(h) inserted by 2018 asp 15 s. 10(2)(b)
- s. 9(2A) inserted by 2018 asp 15 s. 11(2)
- s. 9A inserted by 2018 asp 15 s. 12
- s. 13A inserted by 2018 asp 15 s. 14(2)
- s. 22A(3)(d)-(g) inserted by 2018 asp 15 s. 10(3)(b)
- s. 22A(7A) inserted by 2018 asp 15 s. 14(3)
- s. 32(2) applied (with modifications) by 2021 asp 9 s. 69(8)
- Sch. 1 para. 1(fa)(fb) inserted by 2018 asp 15 s. 2(2)
- Sch. 1 para. 1(h) inserted by 2018 asp 15 s. 3(2)(b)
- Sch. 1 para. 2(fa)-(fd) inserted by 2018 asp 15 s. 3(3)(b)
- Sch. 1 para. 1(d)(da) substituted for Sch. 1 para. 1(d) by 2018 asp 15 s. 1(2)
- Sch. 1 para. 2(e)(ea) substituted for Sch. 1 para. 2(e) by 2018 asp 15 s. 3(3)(a)
[F119CActions for recovery of property for the purposes of an external orderS
(1)None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 [F2(“the 2005 Order”)] (civil proceedings for the realisation of property to give effect to an external order).
(2)Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be commenced after the expiration of the period of [F320 years] from the date on which the Scottish Ministers' right of action accrued.
(3)Proceedings under that Chapter are commenced when—
(a)the proceedings are served,
(b)an application is made for a prohibitory property order, or
(c)an application is made for an interim administration order,
whichever is the earliest.
[F4(3A)If, before an event mentioned in subsection (3) occurs, an application is made for a prohibition order under Part 4B of the 2005 Order, proceedings under that Chapter are to be treated as having been commenced when that application is made.]
(4)The Scottish Ministers' right of action accrues in respect of any recoverable property—
(a)in the case of proceedings for a recovery order in respect of property obtained, or believed to have been obtained, as a result of or in connection with criminal conduct, when the property is so obtained,
(b)in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained, or believed to have been obtained, as a result of or in connection with criminal conduct which it represents is so obtained.
(5)In this section—
(a)“criminal conduct” is to be construed in accordance with section 447(8) of the Proceeds of Crime Act 2002, and
(b)expressions used in this section which are also used in Part 5 of [F5the 2005 Order] have the same meaning in this section as in that Part.]
Textual Amendments
F1S. 19C inserted (1.1.2006) by The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181), arts. 1, 201(2)
F2Words in s. 19C(1) inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 6(3)(a)
F3Words in s. 19C(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 62, 116(1); S.I. 2009/3096, art. 3(h)
F4S. 19C(3A) inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 6(3)(b)
F5Words in s. 19C(5)(b) substituted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 6(3)(c)
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