F1C1PART IConfiscation of the Proceeds of Crime
Pt. I (ss. 1-20) excluded (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 15(1)
Pt. I (ss. 1-20) applied (with modifications) (1.5.1999) by S.I. 1999/673, art. 4, Sch. 3 paras. 1-12
Confiscation orders
7 Gifts: valuation.
1
In assessing the value of—
a
a gift caught by this Part of this Act; or
b
an implicative gift,
the court shall, subject to subsections (4) to (6) below, take it to be the greater of the values specified in subsections (2) and (3) below.
2
The value specified in this subsection is the value of the gift when received adjusted to take account of subsequent changes in the value of money.
3
The value specified in this subsection is both of the following—
a
the likely market value, on the date on which the confiscation order is to be made, of—
i
the gift, if retained; or
ii
where the recipient of the gift retains only part of it, the retained part, and any property or part of any property which, directly or indirectly, represents the gift; or
iii
where the recipient of the gift retains no part of it, any property or part of any property which, directly or indirectly, represents the gift; and
b
the value of any other property and any other economic advantage which by reason of the making of the gift the recipient of the gift has obtained, directly or indirectly, prior to the date on which the confiscation order is to be made, adjusted to take account of subsequent changes in the value of money.
4
The circumstances in which the accused is to be treated as making a gift include those where he transfers an interest in property to another person directly or indirectly for a consideration the value of which is significantly less than the value of that interest at the time of transfer; and in those circumstances the value of the gift shall be the difference between the value of that consideration and the value of that interest at the time of transfer, adjusted to take account of subsequent changes in the value of money.
5
Where a gift was in the form of money and the recipient of the gift shows that, on the balance of probabilities, the money or any of it has not been used to purchase goods or services or to earn interest or any other return, the value of the gift or such part of it as has not been so used shall be taken to be the face value of the money or, as the case may be, unused amount of the money.
6
The court may, notwithstanding the foregoing provisions of this section, disregard the amount (or part of the amount) of a gift caught by this Part of this Act if it considers it improbable that such amount (or part) could be realised.
Pt. I (ss. 1-20) (except s. 2(7)) repealed (24.2.2003 in so far as repeals ss. 18-20 and otherwise 24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)