- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
28(1)The Proceeds of Crime (Scotland) Act 1995 is amended as follows.
(2)The following provisions in the Act shall cease to have effect—
(a)Part I, except section 2(7);
(b)in section 28, subsections (1)(a) and (2) and in subsection (5) the words “(including a restraint order made under and within the meaning of the 1994 Act)”;
(c)section 29;
(d)in section 31, subsection (2) and in subsection (4) the words “or (2)”;
(e)sections 35 to 39;
(f)in section 40, subsections (1)(a), (2) and (4);
(g)in section 42, subsections (1)(a) and (b);
(h)in section 43, in subsection (1) the words “, confiscation order” and subsection (2);
(i)in section 45, subsection (1)(a);
(j)section 47;
(k)in section 49, in subsection (1) the definitions of “the 1988 Act”, “the 1994 Act” and “confiscation order” and subsection (4).
(3)The following provisions in Schedule 1 to the Act shall cease to have effect—
(a)in paragraph 1(1)(b) the words “or a confiscation order”, in paragraph 1(2)(a) the words “subject to paragraph (b) below”, paragraph 1(2)(b) and in paragraph 1(3)(a)(i) the words “or confiscation order”;
(b)in paragraph 2(1)(a) the words “, and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made”;
(c)paragraph 4;
(d)in paragraph 5(1) the words “Part I of”;
(e)in paragraph 8(2) the words “, unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4)(b) above,”;
(f)in paragraph 10(1) the words “or the recipient of a gift caught by Part I of this Act or an implicative gift” and paragraphs 10(2) and 10(3);
(g)in paragraph 12(1)(a) the words “paragraph (a) or (b) of section 4(1) or”.
(4)The following provisions in Schedule 2 to the Act shall cease to have effect—
(a)in paragraph 1(2) the words “and 35 to 38”;
(b)in paragraph 2, in sub-paragraph (1) the words “realisable or”, in sub-paragraph (2) the words “and 35 to 38”, sub-paragraph (5).
(c)in paragraph 3(2) the words “and 35 to 38” and paragraphs 3(4) and (5);
(d)in paragraph 4(2) the words “and 35 to 38”;
(e)paragraph 6(2)(a).
(5)In section 28(9) (restraint orders) for “Subsections (2)(a) and” substitute “Subsection”.
(6)In section 42 (enforcement) in subsections (2)(a), (c) and (d) for “Part I,” substitute “Part”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: