Part 5

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

Civil recovery in the High Court or Court of Session

Vesting and realisation of recoverable property

Functions of the trustee for civil recovery
267
1
The trustee for civil recovery is a person appointed by the court to give effect to a recovery order.
2
The enforcement authority must nominate a suitably qualified person for appointment as the trustee.
3
The functions of the trustee are—
a
to secure the detention, custody or preservation of any property vested in him by the recovery order,
b
in the case of property other than money, to realise the value of the property for the benefit of the enforcement authority, and
ba
if decree of removing and warrant for ejection is granted by the Court of Session under section 266(8ZA), to enforce the decree and warrant,
c
to perform any other functions conferred on him by virtue of this Chapter.
4
In performing his functions, the trustee acts on behalf of the enforcement authority and must comply with any directions given by the authority.
5
The trustee is to realise the value of property vested in him by the recovery order, so far as practicable, in the manner best calculated to maximise the amount payable to the enforcement authority.
6
The trustee has the powers mentioned in Schedule 7.
7
References in this section to a recovery order include an order under section 276 and references to property vested in the trustee by a recovery order include property vested in him in pursuance of an order under section 276.
S. 267(3)(ba) 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(4), 58(1)(6); S.I. 2018/78, reg. 3(l)
S. 267 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
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