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Proceeds of Crime Act 2002

Section 264: Reporting

345.An interim administration order must, under this section, require an interim administrator to take a number of steps to keep the Scottish Ministers and the court informed. He must report as soon as practicable if he forms the opinion that:

  • any property to which the order applies which is claimed to be recoverable property is not in fact recoverable, or

  • any property to which the order applies which is claimed to be associated property is not in fact associated property, or

  • any property not subject to the order is in fact recoverable by virtue of the same unlawful conduct or is associated property, or

  • any property to which the order applies is held by someone different to the person identified on the claim form.

346.All these possibilities are matters to which the interim administrator is required to be alert under the provisions of section 257(2). He must also report any other material change of circumstances. And he must make a report of his findings to the court, and serve copies of it on all those who may be affected by it. This report may comprise a comprehensive account of the nature and origins of, and interests in, the property in question. It will be capable of being used as a basis to establish agreed facts and to identify disputed matters that will fall to be resolved at the final hearing.

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