Part 5Civil recovery of the proceeds etc. of unlawful conduct

C1Chapter 2Civil recovery in the High Court or Court of Session

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

Proceedings for recovery orders

I1244 Proceedings for recovery orders in Scotland

1

Proceedings for a recovery order may be taken by the enforcement authority in the Court of Session against any person who the authority thinks holds recoverable property.

2

The enforcement authority must serve the application—

a

on the respondent, and

b

unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order,

wherever domiciled, resident or present.

3

If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the application it must be described in the application in general terms; and the application must state whether it is alleged to be recoverable property or associated property.