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)
Restraint orders etc
120AF1Restraint orders: power to retain seized property etc.
1
A restraint order may include provision authorising the detention of any property to which it applies if the property—
a
is seized by an appropriate officer under a relevant seizure power, or
b
is produced to an appropriate officer in compliance with a production order under section 380.
2
Provision under subsection (1) may, in particular—
a
relate to specified property, to property of a specified description or to all property to which the restraint order applies;
b
relate to property that has already been seized or produced or to property that may be seized or produced in future.
3
“Appropriate officer” means—
a
a constable;
b
an officer of Revenue and Customs;
F2ba
an immigration officer;
F3c
a National Crime Agency officer;
4
“Relevant seizure power” means a power to seize property conferred by or by virtue of—
a
section 127C or 387,
b
a warrant granted under any other enactment or any rule of law, or
c
any other enactment, or any rule of law, under which the authority of a warrant is not required.
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)