Part 5Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2Civil recovery in the High Court or Court of Session
Exemptions etc.
281Victims 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.