Proceeds of Crime (Scotland) Act 1995

PART IConfiscation of the Proceeds of Crime

Confiscation orders

1General provision

2Benefit from commission of offence

3Assessing the proceeds of drug trafficking

4Realisable property

5Gifts caught by Part I

6Implicative gifts

7Gifts: valuation

8Making of confiscation orders

9Statements relevant to making confiscation orders

10Postponed confiscation orders

11Increase in benefit or realisable property

12Realisable property inadequate to meet payments under confiscation order

13Confiscation orders where proceeds of crime discovered at later date

14Application of provisions relating to fines to enforcement of confiscation orders

15Interest on sums unpaid under confiscation orders

Exercise of powers

16Exercise of powers by court or administrator

Investigation and disclosure of information

18Order to make material available

19Authority for search

20Disclosure of information held by government departments

PART IIForfeiture of Property used in Crime

21Suspended forfeiture order

22Forfeiture: district court

23Warrant to search for and seize property

24Forfeiture of property subject to suspended forfeiture order

25Recall or variation of suspended forfeiture order

26Property wrongly forfeited: return or compensation

27Appeal against court decision under section 25(1) or 26(1)

PART IIIRestraint Orders

28Restraint orders

29Restraint orders in relation to realisable property

30Restraint orders in relation to forfeitable property

31Variation and recall of restraint orders

32Inhibition of property affected by restraint order or by interdict

33Arrestment of property affected by restraint order

34Administrators

PART IVReciprocal Arrangements for Enforcement of Orders

35Recognition and enforcement of orders made in England and Wales

36Provisions supplementary to section 35

37Inhibition of Scottish property affected by order registered under section 35

38Arrestment of Scottish property affected by order registered under section 35

39Enforcement of Northern Ireland orders

40Enforcement of orders made outside United Kingdom

41Registration of external confiscation orders

42Enforcement of Scottish orders in England and Wales

43Order in Council as regards taking of action in designated country

PART VMiscellaneous and General

44Sequestration etc of person holding realisable or forfeitable property

45Disposal of family home under Part I or II

46Forfeiture of property where accused has died

47Construction of certain enactments

48Service and notice

49Interpretation

50Short title, commencement and extent

SCHEDULE 1Administrators

Appointment of administrators

1(1) On the application of the prosecutor the court may...

Functions of administrators

2(1) Subject to paragraph 5 below, an administrator—

Money received by administrator

3(1) Subject to sub-paragraph (2) below, all money received by...

Application of proceeds of realisation and other sums

4(1) This paragraph applies only to an administrator appointed to...

Supervision of administrators

5(1) The accountant of court shall supervise the performance by...

Accounts and remuneration of administrator

6(1) The administrator shall keep such accounts in relation to...

Effect of appointment of administrator on diligence

7Without prejudice to sections 32 and 33 of this Act—...

Further provision as to administrators

8(1) Where an administrator takes any action—

Discharge of administrator

9After an administrator has lodged his final accounts under paragraph...

10(1) Where the court, on an application made to it...

Rules of court as regards accountant of court’s supervision etc of administrators

11Without prejudice to section 5 of the Court of Session...

Power to facilitate realisation

12(1) Without prejudice to any enactment or rule of law...

SCHEDULE 2Sequestration etc. of Persons Holding Realisable or Forfeitable Property

Sequestration of person holding realisable or forfeitable property

1(1) Where the estate of a person who holds realisable...

Bankruptcy in England and Wales of person holding realisable or forfeitable property

2(1) Where a person who holds realisable or forfeitable property...

Winding up of company holding realisable or forfeitable property

3(1) Where realisable or forfeitable property is held by a...

Property subject to floating charge

4(1) Where any property held subject to a floating charge...

Insolvency practitioners dealing with property subject to restraint order

5(1) Without prejudice to the generality of any enactment contained...

6(1) In this Schedule “the 1985 Act” means the Bankruptcy...

TABLE OF DERIVATIONS

2The following abbreviations are used in the Table:— Acts of...

Proceeds of Crime (Scotland) Act 1995

1995 Chapter 43

An Act to consolidate as regards Scotland certain enactments relating to the confiscation of the proceeds of, and forfeiture of property used in, crime.

[8th November 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—