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Proceeds of Crime Act 2002

Status:

This is the original version (as it was originally enacted).

Interpretation

314Obtaining and disposing of property

(1)References to a person disposing of his property include a reference—

(a)to his disposing of a part of it, or

(b)to his granting an interest in it,

(or to both); and references to the property disposed of are to any property obtained on the disposal.

(2)A person who makes a payment to another is to be treated as making a disposal of his property to the other, whatever form the payment takes.

(3)Where a person’s property passes to another under a will or intestacy or by operation of law, it is to be treated as disposed of by him to the other.

(4)A person is only to be treated as having obtained his property for value in a case where he gave unexecuted consideration if the consideration has become executed consideration.

315Northern Ireland courts

In relation to the practice and procedure of courts in Northern Ireland, expressions used in this Part are to be read in accordance with rules of court.

316General interpretation

(1)In this Part—

  • “associated property” has the meaning given by section 245,

  • “cash” has the meaning given by section 289(6) or (7),

  • “constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32),

  • “country” includes territory,

  • “the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapter 3) means the High Court or (in relation to proceedings in Scotland) the Court of Session,

  • “dealing” with property includes disposing of it, taking possession of it or removing it from the United Kingdom,

  • “enforcement authority”—

    (a)

    in relation to England and Wales and Northern Ireland, means the Director,

    (b)

    in relation to Scotland, means the Scottish Ministers,

  • “excepted joint owner” has the meaning given by section 270(4),

  • “interest”, in relation to land—

    (a)

    in the case of land in England and Wales or Northern Ireland, means any legal estate and any equitable interest or power,

    (b)

    in the case of land in Scotland, means any estate, interest, servitude or other heritable right in or over land, including a heritable security,

  • “interest”, in relation to property other than land, includes any right (including a right to possession of the property),

  • “interim administration order” has the meaning given by section 256(2),

  • “interim receiving order” has the meaning given by section 246(2),

  • “the minimum amount” (in Chapter 3) has the meaning given by section 303,

  • “part”, in relation to property, includes a portion,

  • “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60),

  • “property obtained through unlawful conduct” has the meaning given by section 242,

  • “recoverable property” is to be read in accordance with sections 304 to 310,

  • “recovery order” means an order made under section 266,

  • “respondent” means—

    (a)

    where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought,

    (b)

    where no such proceedings have been brought but the enforcement authority has applied for an interim receiving order or interim administration order, the person against whom he intends to bring such proceedings,

  • “share”, in relation to an excepted joint owner, has the meaning given by section 270(4),

  • “unlawful conduct” has the meaning given by section 241,

  • “value” means market value.

(2)The following provisions apply for the purposes of this Part.

(3)For the purpose of deciding whether or not property was recoverable at any time (including times before commencement), it is to be assumed that this Part was in force at that and any other relevant time.

(4)Property is all property wherever situated and includes—

(a)money,

(b)all forms of property, real or personal, heritable or moveable,

(c)things in action and other intangible or incorporeal property.

(5)Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows.

(6)In relation to land, it is a reference to any interest which he holds in the land.

(7)In relation to property other than land, it is a reference—

(a)to the property (if it belongs to him), or

(b)to any other interest which he holds in the property.

(8)References to the satisfaction of the enforcement authority’s right to recover property obtained through unlawful conduct are to be read in accordance with section 279.

(9)Proceedings against any person for an offence are concluded when—

(a)the person is convicted or acquitted,

(b)the prosecution is discontinued or, in Scotland, the trial diet is deserted simpliciter, or

(c)the jury is discharged without a finding.

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