C5C7C6C1C8C4C2 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C7

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.

C8

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Interpretation

I1C7150C7 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—

C3a

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;

C9c

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

C9d

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;

C9e

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;

C9f

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

C9g

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).