Paragraph 25

In section 26 (compensation)—

(a)

in subsection (1)—

(i)

for paragraph (b) there shall be substituted the following paragraph—

“(b)
where he is convicted of one or more such offences—
(i)
the conviction or convictions concerned are quashed (and no conviction for any such offence is substituted); or
(ii)
he is pardoned by Her Majesty in respect of the conviction or convictions concerned,”;

(ii)

for the words “Court of Session” there shall be substituted the word “ court ”; and

(iii)

for the words from “; but this subsection” to the end there shall be substituted the words “ if, having regard to all the circumstances, it considers it appropriate to do so. ”;

(b)

after subsection (1) there shall be inserted the following—

“(1A)
Subsection (1) above is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) and (b) of subsection (2) below.”;

(c)

in subsections (2) and (3) for the words “Court of Session” where they occur there shall be substituted the word “ court ”;

(d)

in subsection (2)(b)—

(i)

the word “substantial” shall cease to have effect; and

(ii)

for the word “11” there shall be substituted “ 9, 11, 11A ”;

(e)

in subsection (4)—

(i)

for the words “this section” there shall be substituted the words “ subsection (1) above ”;

(ii)

after paragraph (c) the word “and” shall cease to have effect; and

(iii)

at the end there shall be added

“; and
(e)
an officer of the Commissioners of Inland Revenue, by those Commissioners.”; and

(f)

after subsection (4) there shall be added the following subsections—

“(5)
Where the court, on an application made to it by a person other than the accused or the recipient of an implicative gift is satisfied on the balance of probabilities that in relation to any property realised under section 13 of this Act he was the owner of, or a person otherwise having an interest in, the property immediately before such realisation, it shall make an order directing the Crown to pay to that person compensation of an amount equal to the consideration received for the property or, as the case may be, interest or the value of any such consideration at the time of such realisation, or, if no consideration was received, an amount equal to the value of the property or interest at the time of the realisation.
(6)
An application for compensation under this section shall be made not later than three years after the conclusion of the proceedings in respect of which the confiscation order was made.”.

Notes on the whole Act

Textual amendments

F1: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.