Article 4 Disposal of PropertyI1
Scotland
Subject to paragraphs (3) and (4) below, property to which this Order applies must be destroyed by the police.
Subject to paragraph (4), the Scottish Police Authority may, instead of arranging for the destruction of the property, give or sell it to a museum or similar institution but only where the Scottish Police Authority is satisfied that the property is of particular rarity, aesthetic quality or technical or historical interest.
On application by the Lord Advocate the court may direct that any property to which the forfeiture order relates, is to vest in any person other than the Scottish Police Authority for its destruction or disposal, and may dis-apply paragraph (6) and make such other order relating to any proceeds as it considers appropriate.
The title to any property given or sold to a museum or similar institution, or any other person transfers to that institution or person in accordance with paragraphs (3) or (4), and except for proceeds mentioned in paragraph (6), discharges the rights and duties of the Scottish Police Authority under paragraphs (1) and (2).
The proceeds of any disposals under this Order (if any) are to be paid to, and vest in, the Scottish Police Authority unless a court orders otherwise.
Annotations
Textual amendments
- F1
Words in art. 4 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 35(3)
- F2
Words in art. 4(1) omitted (28.9.2010) by virtue of The Knife Dealer’s Licence (Miscellaneous) (Scotland) Order 2010 (S.S.I. 2010/311), arts. 1(3), 3(2)
Commencement
- I1
Art. 4 in force at 25.6.2010, see art. 1