Part 5

Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2

Civil recovery in the High Court or Court of Session

Prohibitory property orders (Scotland)

Exclusions
255C
1
The power to vary a prohibitory property order includes (in particular) power to make exclusions as follows—
a
power to exclude property from the order, and
b
power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.
2
Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.
3
An exclusion may, in particular, make provision for the purpose of enabling any person—
a
to meet his reasonable living expenses, or
b
to carry on any trade, business, profession or occupation.
4
An exclusion may be made subject to conditions.
5
An exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.
6
If excluded property is not specified in the order it must be described in the order in general terms.
7
The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.
8
Subsection (7) does not apply where the court is acting as required by section 255B(3) or (4).
Ss. 255A-255F and cross-heading inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 98(2), 178(7)(a); S.I. 2005/3136, art. 2(a)
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