Explanatory note

This Order allows the police to destroy property which is in their possession by virtue of a forfeiture order made under section 27J of the Civic Government (Scotland) Act 1982.

The police can only destroy property where, after a period of 6 months from the date a forfeiture order was made under section 27J(2), no application for recovery under section 27K(3) has been made, or such an application having been made, was refused. If an application is made under section 27K(3) within the 6 month period, this Order does not apply unless and until the application has been refused. Similarly, if the person upon whose conviction the court ordered the forfeiture of the property appeals against their conviction or sentence within 6 months of the making of the forfeiture order, this Order does not apply unless and until that appeal is refused.

If the relevant authority is satisfied that the property that would otherwise be destroyed under a forfeiture order is of particular rarity, aesthetic quality or technical or historical interest, then it may give or sell the object to a museum or other similar institution, rather than have the object destroyed. The rights to the property will then vest in the museum or other similar institution. Any money received as a result of selling property would be paid to and would vest in the relevant authority unless a court orders otherwise.

The Lord Advocate has a right to apply for the property to be vested in any person for its destruction or disposal instead of the police and the court may make an order relating to proceeds as it considers appropriate.