Part 5Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2Civil recovery in the High Court or Court of Session
Exemptions etc.
281 Victims of theft, etc.
(1)
In proceedings for a recovery order, a person who claims that any property alleged to be recoverable property, or any part of the property, belongs to him may apply for a declaration under this section.
(2)
If the applicant appears to the court to meet the following condition, the court may make a declaration to that effect.
(3)
The condition is that—
(a)
the person was deprived of the property he claims, or of property which it represents, by unlawful conduct,
(b)
the property he was deprived of was not recoverable property immediately before he was deprived of it, and
(c)
the property he claims belongs to him.
(4)
Property to which a declaration under this section applies is not recoverable property.