Supplementary powers

Effect of a forfeiture order.
7
1
An order under section 6 (a “forfeiture order”) operates to deprive the offender of his rights, if any, in the property to which it relates.
2
The property to which a forfeiture order relates must be taken into the possession of the police (if it is not already in their possession).
3
The court may, on an application made by a person who—
a
claims property to which a forfeiture order applies, but
b
is not the offender from whom it was forfeited,
make an order (a “recovery order”) for delivery of the property to the applicant if it appears to the court that he owns it.
4
An application to a sheriff must be made in such manner as may be prescribed by act of adjournal.
5
No application may be made after the end of the period of 6 months beginning with the date on which the forfeiture order was made.
6
No application may succeed unless the claimant satisfies the court—
a
that he had not consented to the offender having possession of the property; or
b
that he did not know, and had no reason to suspect, that the offence was likely to be committed.
7
If a person has a right to recover property which is in the possession of another in pursuance of a recovery order, that right—
a
is not affected by the making of the recovery order at any time before the end of the period of 6 months beginning with the date on which the order is made; but
b
is lost at the end of that period.
8
The Secretary of State may make regulations, in relation to property forfeited under this section, for disposing of the property and dealing with the proceeds in cases where—
a
no application has been made before the end of the period of 6 months beginning with the date on which the forfeiture order was made; or
b
no such application has succeeded.
9
The regulations may also provide for investing money and auditing accounts.
10
In this section, “application” means an application under subsection (3).