PART 3GIVING EFFECT IN SCOTLAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS

CHAPTER 4INTERPRETATION

Value: the basic rule89

1

Subject to article 90, this article applies where it is necessary under this Part to decide the value at any time of property then held by that person.

2

Its value is the market value of the property at that time.

3

But if at that time another person holds an interest in the property its value, in relation to the person mentioned in paragraph (1) is the market value of his interest at that time ignoring any charging order under a provision listed in paragraph (4).

4

Those provisions are—

a

section 9 of the Drug Trafficking Offences Act 198655;

b

section 78 of the Criminal Justice Act 198856;

c

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 199057;

d

Section 27 of the Drug Trafficking Act 199458;

e

Article 32 of the Proceeds of Crime (Northern Ireland) Order 199659.