Proceeds of Crime (Scotland) Act 1995

Link to law: http://www.legislation.gov.uk/ukpga/1995/43/contents

Introductory Text

...PART I ... Confiscation of the Proceeds of Crime

Confiscation orders

1. General provision.
2. Benefit from commission of offence.
3. Assessing the proceeds of drug trafficking.
4. Realisable property.
5. Gifts caught by Part I.
6. Implicative gifts.
7. Gifts: valuation.
8. Making of confiscation orders.
9. Statements relevant to making confiscation orders.
10. Postponed confiscation orders.
11. Increase in benefit or realisable property.
12. Realisable property inadequate to meet payments under confiscation order.
13. Confiscation orders where proceeds of crime discovered at later date.
14. Application of provisions relating to fines to enforcement of confiscation orders.
15. Interest on sums unpaid under confiscation orders.

Exercise of powers
16. Exercise of powers by court or administrator.

Compensation
17. Compensation.

Investigation and disclosure of information

18. Order to make material available.
19. Authority for search.
20. Disclosure of information held by government departments.

PART II Forfeiture of Property used in Crime

21. Suspended forfeiture order.
22. Forfeiture: district court.
23. Warrant to search for and seize property.
24. Forfeiture of property subject to suspended forfeiture order.
25. Recall or variation of suspended forfeiture order.
26. Property wrongly forfeited: return or compensation.
27. Appeal against court decision under section 25(1) or 26(1).

PART III Restraint Orders

28. Restraint orders.
29. Restraint orders in relation to realisable property.
30. Restraint orders in relation to forfeitable property.
31. Variation and recall of restraint orders.
32. Inhibition of property affected by restraint order or by interdict.
33. Arrestment of property affected by restraint order.
34. Administrators.

PART IV Reciprocal Arrangements for Enforcement of Orders

35. Recognition and enforcement of orders made in England and Wales.
36. Provisions supplementary to section 35.
37. Inhibition of Scottish property affected by order registered under section 35.
38. Arrestment of Scottish property affected by order registered under section 35.
39. Enforcement of Northern Ireland orders.
40. Enforcement of orders made outside United Kingdom.
41. Registration of external confiscation orders.
42. Enforcement of Scottish orders in England and Wales.
43. Order in Council as regards taking of action in designated country.

PART V Miscellaneous and General

44. Sequestration etc of person holding realisable or forfeitable property.
45. Disposal of family home under Part I or II.
46. Forfeiture of property where accused has died.
47. Construction of certain enactments.
48. Service and notice.
49. Interpretation.
50. Short title, commencement and extent.

SCHEDULES

SCHEDULE 1
Administrators

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
7.Without 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
9.After an administrator has lodged his final accounts under paragraph...

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

Rules of court as regards accountant of court’s supervision etc of administrators
11.Without 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 2
Sequestration 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 ... forfeitable property is...

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...

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

TABLE OF DERIVATIONS

Notes:

1.This Table shows the derivation of the provisions of the...
2.The following abbreviations are used in the Table:— Acts of...
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