Part 5Civil recovery of the proceeds etc. of unlawful conduct
Chapter 4General
Recoverable property
308General exceptions
1
If—
a
a person disposes of recoverable property, and
b
the person who obtains it on the disposal does so in good faith, for value and without notice that it was recoverable property,
the property may not be followed into that person’s hands and, accordingly, it ceases to be recoverable.
2
If recoverable property is vested, forfeited or otherwise disposed of in pursuance of powers conferred by virtue of this Part, it ceases to be recoverable.
3
If—
a
in pursuance of a judgment in civil proceedings (whether in the United Kingdom or elsewhere), the defendant makes a payment to the claimant or the claimant otherwise obtains property from the defendant,
b
the claimant’s claim is based on the defendant’s unlawful conduct, and
c
apart from this subsection, the sum received, or the property obtained, by the claimant would be recoverable property,
the property ceases to be recoverable.
In relation to Scotland, “claimant” and “defendant” are to be read as “pursuer” and “defender”.
4
If—
a
a payment is made to a person in pursuance of a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)), section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and
b
apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
5
If—
a
a payment is made to a person in pursuance of a restitution order under section 27 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or a person otherwise obtains any property in pursuance of such an order, and
b
apart from this subsection, the sum received, or the property obtained, would be recoverable property,
the property ceases to be recoverable.
6
If—
a
in pursuance of an order made by the court under section 382(3) or 383(5) of the Financial Services and Markets Act 2000 (c. 8) (restitution orders), an amount is paid to or distributed among any persons in accordance with the court’s directions, and
b
apart from this subsection, the sum received by them would be recoverable property,
the property ceases to be recoverable.
7
If—
a
in pursuance of a requirement of the Financial Services Authority under section 384(5) of the Financial Services and Markets Act 2000 (power of authority to require restitution), an amount is paid to or distributed among any persons, and
b
apart from this subsection, the sum received by them would be recoverable property,
the property ceases to be recoverable.
8
Property is not recoverable while a restraint order applies to it, that is—
a
an order under section 41, 120 or 190, or
b
an order under any corresponding provision of an enactment mentioned in section 8(7)(a) to (g).
9
Property is not recoverable if it has been taken into account in deciding the amount of a person’s benefit from criminal conduct for the purpose of making a confiscation order, that is—
a
an order under section 6, 92 or 156, or
b
an order under a corresponding provision of an enactment mentioned in section 8(7)(a) to (g),
and, in relation to an order mentioned in paragraph (b), the reference to the amount of a person’s benefit from criminal conduct is to be read as a reference to the corresponding amount under the enactment in question.
10
Where—
a
a person enters into a transaction to which section 305(2) applies, and
b
the disposal is one to which subsection (1) or (2) applies,
this section does not affect the recoverability (by virtue of section 305(2)) of any property obtained on the transaction in place of the property disposed of.