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Proceeds of Crime Act 2002

Administrators: general

Section 133: Protection of administrators

206.Section 133 protects administrators from liability for anything done by them to property which is not realisable property, unless they are negligent. The section also provides that where a confiscation order is not made, or where the sums available from such an order are insufficient, the administrator will be reimbursed by the Lord Advocate.

Section 134: Protection of persons affected

207.Section 134 contains explicit provision for any person affected by any action taken or to be taken by an administrator to challenge that action in court and the court may then make such an order as it thinks appropriate. The person affected may be the accused, the recipient of a tainted gift from the accused or some other person.

Section 135: Recall and variation of order

208.Section 135 makes provision for the recall and variation of an order appointing an administrator. It covers both management administrators under section 128 and enforcement administrators under section 128. The section enables the prosecutor and any other person affected by the order appointing either a management or enforcement administrator to apply to the court for a variation or discharge of it.

Section 136: Appeals

209.Section 136 provides a right of appeal to the Court of Session for the prosecutor or any person affected against decision of the court on the appointment etc of a management or enforcement administrator. It also sets out the procedure for dealing with such appeals.

Section 137: Administrators: further provision

210.Section 137 introduces Schedule 3 to the Act, which makes further detailed provision on the appointment, functions etc of an administrator.

Section 138: Administrators: restriction on proceedings and remedies

211.Section 138 permits the court to sist any action, execution or other legal process relating to property which is affected by the appointment of an administrator.

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