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)

Receivers in connection with prohibitory property orders
255G
1
Subsection (2) applies if—
a
the Court of Session makes a prohibitory property order on an application by an enforcement authority, and
b
the authority applies to the court to proceed under subsection (2) (whether as part of the application for the prohibitory property order or at any time afterwards).
2
The Court of Session may by order appoint a person (a “PPO receiver”) in respect of any property to which the prohibitory property order applies.
3
An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
4
In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a PPO receiver.
5
Such a person may be a member of staff of the enforcement authority.
6
The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a PPO receiver appointed under this section.
7
Subsection (6) does not apply in relation to the remuneration of the PPO receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the PPO receiver is a person providing services under arrangements made by the enforcement authority).
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
Ss. 255G-255I inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 23(2), 88(1); S.I. 2016/148, reg. 3(b)