C4Part IV Miscellaneous and supplemental
Interpretation of Act
C162 Meaning of “property” and related expressions.
1
In this Act “property” includes money and all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property.
2
This Act applies to property whether it is situated in England and Wales or elsewhere.
3
In this Act “interest”, in relation to property, includes right.
4
In this Act—
a
references to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the Bankruptcy M1 (Scotland) Act 1985 or liquidator; and
b
references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.
5
For the purposes of this Act—
a
property is held by any person if he holds any interest in it; and
b
property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
C263 General interpretation.
1
In this Act—
“constable” includes a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs M2 and Excise Management Act 1979;
“defendant” means a person against whom proceedings have been instituted (within the meaning given in section 41(2) of this Act) for a drug trafficking offence (whether or not he has been convicted);
“modifications” includes additions, alterations and omissions.
2
In this Act references to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection.
3
Subject to section 66(2) and (6) of this Act—
a
any reference in this Act to an offence includes a reference to an offence committed before the commencement of this Act; and
b
any reference in this Act to “drug trafficking” includes a reference to drug trafficking carried out before the commencement of this Act.
C364 Index of defined expressions.
In this Act the expressions listed below are defined by, or otherwise fall to be construed in accordance with, the provisions of this Act indicated below—
acting as an insolvency practitioner | section 35(4) |
amount that might be realised | section 6(1) |
amount to be recovered | section 5(1) |
benefited from drug trafficking | section 2(3) |
charging order | section 27(2) |
conclusion of an application | |
—under section 13, 14 or 19 | section 41(4) |
—under section 15 or 16 | section 41(5) |
conclusion of proceedings for a drug trafficking offence | section 41(3) |
confiscation order | section 2(9) |
constable | section 63(1) |
defendant | section 63(1) |
drug trafficking | |
—generally | section 1(1) and (2) |
—for the application of Part II in Scotland and Northern Ireland | section 48(2) |
drug trafficking offence | section 1(3) |
gift caught by this Act | section 8(1) |
“held”, in relation to property | section 62(5)(a) |
institution of proceedings for an offence | section 41(2) |
“interest”, in relation to property | section 62(3) |
making a gift | section 8(2) |
modifications | section 63(1) |
proceeds of drug trafficking | |
—generally | section 4(1)(a) |
—for the application of Part II in Scotland and Northern Ireland | section 48(2) |
property | section 62(1) |
realisable property | section 6(2) |
restraint order | section 26(1) |
“satisfied”, in relation to a confiscation order | section 41(6) and (7) |
“subject to appeal”, in relation to an order | section 41(8) |
“transferred” in relation to property | section 62(5)(b) |
value of gift, payment or reward | section 7(2) |
value of proceeds of drug trafficking | section 4(1)(b) |
value of property | section 7(1). |
Part IV (ss. 55-69) applied with modifications (1.1.1997) by S.I. 1996/2880, arts. 3-6, Schs. 1-3 (as amended by S.I. 1997/2980, arts. 2-5, Sch.)