Article 213 General interpretationI1

In this Part—

• “associated property” has the meaning given by article 146,

• “constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000^f1,

• “the court” except in articles 158(2) and (3) and 173(2) and (3) means the High Court or (in relation to proceedings in Scotland) the Court of Session,

• “dealing” with property includes disposing of it, taking possession of it or removing it from the United Kingdom,

• F1...

• “enforcement authority”—

  1. (a)

     F2in relation to England and Wales, means the Financial Conduct Authority, Her Majesty’s Revenue and Customs, the National Crime Agency, the Director of Public Prosecutions or the Director of the Serious Fraud Office,

  2. (b)

     in relation to Scotland, means the Scottish Ministers,

  3. (c)

     F3in relation to Northern Ireland, means the Financial Conduct Authority, Her Majesty’s Revenue and Customs, the National Crime Agency, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,

• “excepted joint owner” has the meaning given by article 181(4),

• “interest”, in relation to land—

  1. (a)

     in the case of land in England and Wales or Northern Ireland, means any legal estate and any equitable interest or power,

  2. (b)

     in the case of land in Scotland, means any estate, interest, servitude or other heritable right in or over land, including a heritable security,

• “interest”, in relation to property other than land, includes any right (including a right to possession of the property),

• “interim administration order” has the meaning given by article 167(2),

• “interim receiving order” has the meaning given by article 151(2),

• “part”, in relation to property, includes a portion,

• “premises” has the same meaning as in the Police and Criminal Evidence Act 1984^f2,

• “prohibitory property order” has the meaning given in article 171(2),

• “property freezing order” has the meaning given in article 147(2),

• “recoverable property” is to be read in accordance with articles 202 to 207,

• “recovery order” means an order made under article 177,

• “respondent” means—

  1. (a)

     where proceedings are brought by the enforcement authority, the person against whom the proceedings are brought,

  2. (b)

     where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings,

• “share”, in relation to an excepted joint owner, has the meaning given by article 181(4),

• “specified property” means property other than a sum of money that is specified in an external order,

• “value” means market value.

The following provisions apply for the purposes of this Part.

For the purpose of deciding whether or not property was recoverable at any time (including times before commencement), it is to be assumed that this Part was in force at that and any other relevant time.

Property is all property wherever situated and includes—

Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows.

In relation to land, it is a reference to any interest which he holds in the land.

In relation to property other than land, it is a reference—

References to the satisfaction of the enforcement authority’s right to recover any property which satisfies the tests in article 202(1) and (2) are to read in accordance with article 189.

In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under article 187, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.