Paragraph 6 Meaning of “realisable property”

(2)

In this Act “realisable property” means, subject to subsection (3) below—

(a)

in relation to an external confiscation order made in respect of specified property, the property which is specified in the order; and

(b)

in any other case—

(i)

any property held by the defendant; and

(ii)

any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act.

(3)

Property is not realisable property if there is in force in respect of it an order under any of the following enactments, namely—

(a)

section 27 of the Misuse of Drugs Act 1971 (forfeiture orders);

(b)

section 43 of the Powers of Criminal Courts Act 1973^f1 (deprivation orders);

(c)

section 21 or 22 of the Proceeds of Crime (Scotland) Act 1995^f2 (forfeiture of property);

(d)

section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989^f3 (forfeiture orders).

Annotations