Part 5 U.K.Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2 U.K.Civil recovery in the High Court or Court of Session

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

Proceedings for recovery orders U.K.

[F1 245ZANotice to local authority: Scotland U.K.

(1) This section applies if, in proceedings under this Chapter for a recovery order, the enforcement authority applies under section 266(8ZA) for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse.

(2) The enforcement authority must give notice of the application to the local authority in whose area the dwellinghouse is situated.

(3) Notice under subsection (2) must be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003.

(4) In this section—

• “dwellinghouse” has the meaning given by section 11(8) of the Homelessness etc. (Scotland) Act 2003;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to a local authority, means the local government area for which the authority is constituted.]

Textual Amendments

F1 S. 245ZA inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(2), 58(1)(6); S.I. 2018/78, reg. 3(l)