C1C2C3C4 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C2

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.

F1Seized money

Annotations:
Amendments (Textual)
F1

S. 131ZA and cross-heading inserted (S.) (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 28, 58(2)(6); S.S.I. 2017/456, reg. 2(a)

131ZASeized money

1

This section applies to money which—

a

is held by a person, and

b

is held in an account maintained by the person with a bank or building society.

2

This section also applies to money which is held by a person and which—

a

has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and

b

is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.

3

But this section applies to money only so far as the money is free property.

4

Subsection (5) applies if—

a

a confiscation order is made against a person holding money to which this section applies, and

b

an administrator has not been appointed under section 128 in relation to the money.

5

The relevant court may order the appropriate person to pay, within such period as the court may specify, the money or a portion of it specified by the court to the appropriate clerk of court on account of the amount payable under the confiscation order.

6

An order under subsection (5) may be made—

a

on the application of the prosecutor, or

b

by the relevant court of its own accord.

7

The Scottish Ministers may by regulations amend this section so that it applies by virtue of subsection (1) not only to money held in an account maintained with a bank or building society but also to—

a

money held in an account maintained with a financial institution of a specified kind, or

b

money that is represented by, or may be obtained from, a financial instrument or product of a specified kind.

8

Regulations under subsection (7) may amend this section so that it makes provision about realising an instrument or product within subsection (7)(b) or otherwise obtaining money from it.

9

In this section—

  • “appropriate clerk of court”, in relation to a confiscation order, means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);

  • “appropriate person” means—

    1. a

      in a case where the money is held in an account maintained with a bank or building society, the bank or building society;

    2. b

      in any other case, the person on whose authority the money is detained;

  • “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

  • “building society” has the same meaning as in the Building Societies Act 1986;

  • “relevant court”, in relation to a confiscation order, means—

    1. a

      the court which makes the confiscation order, or

    2. b

      the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);

  • “relevant seizure power” means a power to seize money conferred by or by virtue of—

    1. a

      a warrant granted under any enactment or rule of law, or

    2. b

      any enactment, or rule of law, under which the authority of a warrant is not required.

10

In the definition of “bank” in subsection (9), “authorised deposit-taker” means—

a

a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

b

a person who—

i

is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

ii

accepts deposits;

c

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

11

A reference in subsection (10) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.