Part 8

Investigations
Chapter 3

Scotland

Unexplained wealth orders: interim freezing of property

Powers of receivers appointed under section 396P
396Q
1
If the Court of Session appoints a receiver under section 396P, the court may act under this section on the application of the Scottish Ministers.
2
The court may by order authorise or require the receiver—
a
to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed;
b
to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it).
3
The court may by order require any person in respect of whose property the receiver is appointed—
a
to bring the property to a place in Scotland specified by the receiver or to place it in the custody of the receiver (if in either case the person is able to do so);
b
to do anything the person is reasonably required to do by the receiver for the preservation of the property.
4
The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in that person's possession or control to a place in Scotland specified by the receiver or to place them in the custody of the receiver.
5
In subsection (4) “
document
” means anything in which information of any description is recorded.
6
Any prohibition on dealing with property imposed by an interim freezing order does not prevent a person from complying with any requirements imposed by virtue of this section.
7
Subsection (8) applies in a case where—
a
the receiver deals with property that is not property in respect of which the receiver was appointed under section 396P, but
b
at the time of dealing with the property the receiver believed on reasonable grounds that he or she was entitled to do so by virtue of his or her appointment.
8
The receiver is not liable to any person in respect of any loss or damage resulting from the receiver's dealing with the property.
9
But subsection (8) does not apply to the extent that the loss or damage is caused by the receiver's negligence.
Ss. 396J-396S inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 5, 58(1)(6); S.I. 2018/78, reg. 3(a)