Article 46A Unexplained wealth ordersF1

Scotland

(1)

The Court of Session may, on an application made by the Scottish Ministers, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for making the order is fulfilled.

(2)

An application for the order must—

(a)

specify or describe the property in respect of which the order is sought, and

(b)

specify the person in Scotland whom the Scottish Ministers think holds the property (“the respondent”).

(F22A)

In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom).

(3)

An unexplained wealth order is an order requiring the respondent F3or any responsible officer specified in the order (a “specified responsible officer”) to provide a statement—

(a)

setting out the nature and extent of the respondent’s interest in the property in respect of which the order is made,

(b)

explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),

(c)

where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and

(d)

setting out such other information in connection with the property as may be so specified.

(4)

The order must specify—

(a)

the form and manner in which the statement is to be given,

(b)

the person to whom it is to be given, and

(c)

the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent.

(5)

The order may, in connection with requiring the respondent F4or any specified responsible officer to provide the statement mentioned in paragraph (3), also F5require them to produce documents of a kind specified or described in the order.

(6)

The respondent F6or any specified responsible officer must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements).

(7)

For the purposes of this article and article 46B (requirements for making of unexplained wealth order), property is held by a person if that person holds an interest in it (see also article 46G (holding of property: trust and company arrangements etc.)).

F7(8)

For the purposes of this Part, each of the following is a “responsible officer” of the respondent (in a case where the respondent is not an individual)—

(a)

any director of the respondent, including any person occupying the position of a director, by whatever name called;

(b)

any member of a body of the respondent equivalent to a board of directors;

(c)

any other manager, secretary or similar officer of the respondent;

(d)

where the respondent is a partnership, a partner or a member of the partnership;

(e)

any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.

Annotations

Textual amendments

F1: Arts. 46A-46H inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 13
F2: Art. 46A(2A) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(1)(a)
F3: Words in art. 46A(3) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(1)(b)
F4: Words in art. 46A(5) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(1)(c)(i)
F5: Words in art. 46A(5) substituted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(1)(c)(ii)
F6: Words in art. 46A(6) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(1)(d)
F7: Art. 46A(8) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(1)(e)