C1C2C3C4 Part 3 Confiscation: Scotland
Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)
F1Seized personal property
Ss. 131A-131D and cross-heading inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 59(2), 116(1); S.I. 2015/983, art. 2(2)(a)
131CSections 131A and 131B: appeals
1
If a sheriff decides not to make an order under section 131A, an appropriate officer may appeal to the Court of Session.
2
If a sheriff makes an order under section 131A, a person affected by the order may appeal to the Court of Session.
3
But the person mentioned in section 131A(2)(a) may not appeal.
4
An appropriate officer may appeal to the Court of Session against—
a
a determination made by a sheriff under section 131B;
b
a decision by a sheriff not to make a determination under that section.
5
An appeal under this section must be made before the end of the period of 21 days starting with the day on which the decision or (as the case may be) the order was made.
6
On an appeal under this section the Court of Session may—
a
confirm, quash or vary the decision or (as the case may be) the order, or
b
make such order as Court of Session believes is appropriate.
7
In this section “appropriate officer” has the same meaning as in section 120A.
Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)