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

Section 278: supplementary
279
1
Subsections (2) and (3) give examples of the satisfaction of the enforcement authority’s right to recover the original property.
2
If—
a
there is a disposal, other than a part disposal, of the original property, and
b
other property (the representative property) is obtained in its place,
the enforcement authority’s right to recover the original property is satisfied by the making of a recovery order in respect of either the original property or the representative property.
3
If—
a
there is a part disposal of the original property, and
b
other property (the representative property) is obtained in place of the property disposed of,
the enforcement authority’s right to recover the original property is satisfied by the making of a recovery order in respect of the remainder of the original property together with either the representative property or the property disposed of.
4
In this section—
a
a part disposal means a disposal to which section 314(1) applies,
b
the original property has the same meaning as in section 278.
S. 279 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