Paragraph 7

in subsection (1), in paragraph (a) for the words “the warrant to arrest and commit was granted” there shall be substituted the words “ the proceedings were commenced within the meaning of section 5(3) of this Act ”;

for subsections (2) and (3) there shall be substituted the following—

“(2)

In assessing the value of an implicative gift, the court shall, subject to subsections (3) and (3A) below, take it to be the greater of—

(a)

the value of the gift when received adjusted to take account of subsequent changes in the value of money; or

(b)

both of the following—

(i)

the likely market value, on the date on which the confiscation order is to be made, of—

(A)

the gift, if retained; or

(B)

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

(C)

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

(ii)

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.

(3)

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.

(3A)

Where an implicative 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.

(3B)

In subsection (3A) above, “money” includes cheques, banknotes, postal orders, money orders and foreign currency.”; and

subsections (4) and (5) shall cease to have effect.