In subsection (2), for paragraphs (a) and (b) substitute—

“(a)

has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and

(b)

is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.”

After subsection (2) insert—

“(2A)

But this section applies to money only so far as the money is free property.”

For subsection (8) substitute—

“(8)

In this section—

“appropriate person” means—

(a)

in a case where the money is held in an account maintained with a bank or building society, the bank or building society;

(b)

in any other case, the person on whose authority the money is detained;

“bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

“building society” has the same meaning as in the Building Societies Act 1986;

“relevant seizure power” means a power to seize money conferred by or by virtue of—

(a)

a warrant granted under any enactment or rule of law, or

(b)

any enactment, or rule of law, under which the authority of a warrant is not required.”

After subsection (8) insert—

“(9)

In the definition of “bank” in subsection (8), “authorised deposit-taker” means—

(a)

a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b)

a person who—

(i)

is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii)

accepts deposits;

(c)

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

(10)

A reference in subsection (9) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.”

In subsection (2), for paragraphs (a) and (b) substitute—

“(a)

has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and

(b)

is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.”

After subsection (2) insert—

“(2A)

But this section applies to money only so far as the money is free property.”

For subsection (8) substitute—

“(8)

In this section—

“appropriate chief clerk” has the same meaning as in section 202(7);

“appropriate person” means—

(a)

in a case where the money is held in an account maintained with a bank or building society, the bank or building society;

(b)

in any other case, the person on whose authority the money is detained;

“bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

“building society” has the same meaning as in the Building Societies Act 1986;

“relevant seizure power” means a power to seize money conferred by or by virtue of—

(a)

a warrant granted under any enactment or rule of law, or

(b)

any enactment, or rule of law, under which the authority of a warrant is not required.”

After subsection (8) insert—

“(9)

In the definition of “bank” in subsection (8), “authorised deposit-taker” means—

(a)

a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b)

a person who—

(i)

is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii)

accepts deposits;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

A reference in subsection (9) to a person F2... with permission to accept deposits does not include a person F2... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.”

After section 245 insert—

“245ZANotice to local authority: Scotland

(1)

This section applies if, in proceedings under this Chapter for a recovery order, the enforcement authority applies under section 266(8ZA) for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse.

(2)

The enforcement authority must give notice of the application to the local authority in whose area the dwellinghouse is situated.

(3)

Notice under subsection (2) must be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003.

(4)

In this section—

“dwellinghouse” has the meaning given by section 11(8) of the Homelessness etc. (Scotland) Act 2003;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to a local authority, means the local government area for which the authority is constituted.”

In section 266 (recovery orders), after subsection (8) insert—

“(8ZA)

If the recoverable property in respect of which the Court of Session makes a recovery order includes heritable property, the Court of Session must, on the application of the enforcement authority, also grant decree of removing and warrant for ejection, enforceable by the trustee for civil recovery, in relation to any persons occupying the heritable property.”

In section 267(3) (functions of trustee for civil recovery), after paragraph (b) insert—

“(ba)

if decree of removing and warrant for ejection is granted by the Court of Session under section 266(8ZA), to enforce the decree and warrant,”.

After section 269 insert—

“269ALeases and occupancy rights: Scotland

(1)

This section applies where, in making a recovery order, the Court of Session also grants decree of removing and warrant for ejection under section 266(8ZA) in relation to any persons occupying the heritable property.

(2)

Any lease under which a person has the right to occupy the heritable property (or part of it) for residential or commercial purposes is terminated on the granting of decree of removing and warrant for ejection.

(3)

Any other right to occupy the heritable property (or part of it) which subsists immediately before the granting of decree of removing and warrant for ejection is extinguished on the granting of the decree and warrant.

(4)

Subsection (3) does not apply in relation to a right under a lease to occupy or use the property other than those mentioned in subsection (2).

(5)

Where the heritable property is vested in the trustee for civil recovery under the recovery order, the following enactments do not apply in relation to the heritable property—

(a)

sections 34 to 38A of the Sheriff Courts (Scotland) Act 1907 (removings, notice of termination of tenancy and notice of removal);

(b)

the Tenancy of Shops (Scotland) Act 1949;

(c)

the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(d)

Parts 2 and 3 of the Rent (Scotland) Act 1984 (security of tenure and protection against harassment and unlawful eviction);

(e)

sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (termination of certain leases);

(f)

Part 2 of the Housing (Scotland) Act 1988 (rented accommodation: security of tenure etc.);

(g)

Chapter 3 of Part 3 of the Civil Partnership Act 2004 (occupancy rights and tenancies);

(h)

Part 5 of the Private Housing (Tenancies) (Scotland) Act 2016 (security of tenure, termination of tenancy and eviction).”

For sub-paragraph (3) substitute—

“(3)

In sub-paragraph (1)—

(a)

“bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

(b)

“building society” has the same meaning as in the Building Societies Act 1986.

(4)

In sub-paragraph (3)(a) “authorised deposit-taker” means—

(a)

a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b)

a person who—

(i)

is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii)

accepts deposits;

(c)

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

(5)

A reference in sub-paragraph (4) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.”

In section 47G (appropriate approval for exercise of search and seizure powers in England and Wales), in subsection (3), after paragraph (b) insert—

“(ba)

in relation to the exercise of a power by an accredited financial investigator who is—

(i)

a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii)

a member of staff of the City of London police force,

a senior police officer,”.

In section 195G (appropriate approval for exercise of search and seizure powers in Northern Ireland), in subsection (3), after paragraph (b) insert—

“(ba)

in relation to the exercise of a power by an accredited financial investigator who is a member of staff of the Police Service of Northern Ireland, a senior police officer,”.

In section 290 (prior approval for exercise of search powers in relation to cash), in subsection (4), after paragraph (b) insert—

“(ba)

in relation to the exercise of a power by an accredited financial investigator who is—

(i)

a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011,

(ii)

a member of staff of the City of London police force, or

(iii)

a member of staff of the Police Service of Northern Ireland,

a senior police officer,”.

In section 24 (inadequacy of available amount: discharge of order made under Part 2), after subsection (5) insert—

“(6)

The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c).

(7)

Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.”

In section 25 (small amount outstanding: discharge of order made under Part 2), after subsection (3) insert—

“(4)

The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c).

(5)

Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.”

In section 109 (inadequacy of available amount: discharge of order made under Part 3), after subsection (5) insert—

“(6)

The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 106(1)(d) or 107(1)(c).

(7)

Where on such an application the court determines that the order should be varied under section 106(6) or (as the case may be) 107(3), the court may provide that its discharge under this section is revoked.”

In section 174 (inadequacy of available amount: discharge of order made under Part 4), after subsection (5) insert—

“(6)

The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c).

(7)

Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.”

In section 175 (small amount outstanding: discharge of order made under Part 4), after subsection (3) insert—

“(4)

The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c).

(5)

Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.”

In section 290 (prior approval to exercise of section 289 search powers), in subsection (4), after paragraph (aa) (inserted by Schedule 1 to this Act) insert—

“(ab)

in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,”.

In section 297A (forfeiture notice), in subsection (6), after paragraph (ba) (inserted by Schedule 1 to this Act, but before the “or” at the end of that paragraph) insert—

“(bb)

the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,”.

In section 302 (compensation), after subsection (7ZA) (inserted by Schedule 1 to this Act) insert—

“(7ZB)

If the cash was seized by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.”

In section 306 (mixing property), in subsection (3) after paragraph (c) insert—

“(ca)

for the discharge (in whole or in part) of a mortgage, charge or other security,”.

In section 8 of the Serious Crime Act 2015 (variation or discharge of confiscation orders), in subsection (3) before paragraph (a) insert—

“(za)

a confiscation order made under the Drug Trafficking Offences Act 1986,”.