Part 3 Confiscation: Scotland

Interpretation

150 Property: general provisions

(1)

Property is all property wherever situated and includes—

(a)

money;

(b)

all forms of property whether heritable or moveable and whether corporeal or incorporeal.

(2)

The following rules apply in relation to property—

(a)

property is held by a person if he holds an interest in it;

(b)

property is obtained by a person if he obtains an interest in it;

(c)

property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

(d)

references to property held by a person include references to his property vested in his F1... trustee in bankruptcy or liquidatorF2or in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate;

(e)

references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;

(f)

references to an interest, in relation to land in England, Wales or Northern Ireland, are to any legal estate or equitable interest or power;

(g)

references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;

(h)

references to an interest, in relation to property other than land, include references to a right (including a right to possession).