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Proceeds of Crime (Scotland) Act 1995

1995 c. 43 · Enacted 8 November 1995 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 4 January 2024.

An Act to consolidate as regards Scotland certain enactments relating to the confiscation of the proceeds of, and forfeiture of property used in, crime.

[8th November 1995]

C1I1C2E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C4

Annotations to the whole text

Modifications

C1

Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.

C2

Act extended (S.) (1.4.1996) by 1995 c. 40, ss. 1, 2(2), 7(2)

C3

Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))

C4

Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)

Commencement

I1

Act wholly in force at 1.4.1996, see s. 50(2)

Extent

E1

For the extent of this Act see s. 50 and the commentary in ss. 16, 20, 28-31, 33, 34, Sch. 1 and Sch. 1 paras. 1, 2, 4, 12

Contents

  1. Part I: Confiscation of the Proceeds of Crime
  2. Confiscation orders
  3. 1General provision.
  4. 2Benefit from commission of offence
  5. 3Assessing the proceeds of drug trafficking.
  6. 4Realisable property.
  7. 5Gifts caught by Part I.
  8. 6Implicative gifts.
  9. 7Gifts: valuation.
  10. 8Making of confiscation orders.
  11. 9Statements relevant to making confiscation orders.
  12. 10Postponed confiscation orders.
  13. 11Increase in benefit or realisable property.
  14. 12Realisable property inadequate to meet payments under confiscation order.
  15. 13Confiscation orders where proceeds of crime discovered at later date.
  16. 14Application of provisions relating to fines to enforcement of confiscation orders.
  17. 15Interest on sums unpaid under confiscation orders.
  18. Exercise of powers
  19. 16Exercise of powers by court or administrator.
  20. Compensation
  21. 17Compensation.
  22. Investigation and disclosure of information
  23. 18Order to make material available.
  24. 19Authority for search.
  25. 20Disclosure of information held by government departments.
  26. Part II: Forfeiture of Property used in Crime
  27. 21Suspended forfeiture order.
  28. 22Forfeiture: district court.
  29. 23Warrant to search for and seize property.
  30. 24Forfeiture of property subject to suspended forfeiture order.
  31. 25Recall or variation of suspended forfeiture order.
  32. 26Property wrongly forfeited: return or compensation.
  33. 27Appeal against court decision under section 25(1) or 26(1).
  34. Part III: Restraint Orders
  35. 28Restraint orders.
  36. 29Restraint orders in relation to realisable property. Repealed
  37. 30Restraint orders in relation to forfeitable property.
  38. 31Variation and recall of restraint orders.
  39. 32Inhibition of property affected by restraint order or by interdict.
  40. 33Arrestment of property affected by restraint order.
  41. 34Administrators.
  42. Part IV: Reciprocal Arrangements for Enforcement of Orders
  43. 35Recognition and enforcement of orders made in England and Wales. Repealed
  44. 36Provisions supplementary to section 35. Repealed
  45. 37Inhibition of Scottish property affected by order registered under section 35. Repealed
  46. 38Arrestment of Scottish property affected by order registered under section 35. Repealed
  47. 39Enforcement of Northern Ireland orders. Repealed
  48. 40Enforcement of orders made outside United Kingdom.
  49. 41Registration of external confiscation orders.
  50. 42Enforcement of Scottish orders in England and Wales.
  51. 43Order in Council as regards taking of action in designated country.
  52. Part V: Miscellaneous and General
  53. 44Sequestration etc of person holding realisable or forfeitable property.
  54. 45Disposal of family home under Part I or II.
  55. 46Forfeiture of property where accused has died.
  56. 47Construction of certain enactments. Repealed
  57. 48Service and notice.
  58. 49Interpretation.
  59. 50Short title, commencement and extent.
  60. Schedule 1: Administrators
  61. Appointment of administrators
  62. 1Paragraph 1
  63. Functions of administrators
  64. 2Paragraph 2
  65. Money received by administrator
  66. 3Paragraph 3
  67. Application of proceeds of realisation and other sums
  68. 4Paragraph 4 Repealed
  69. Supervision of administrators
  70. 5Paragraph 5
  71. Accounts and remuneration of administrator
  72. 6Paragraph 6
  73. Effect of appointment of administrator on diligence
  74. 7Paragraph 7
  75. Further provision as to administrators
  76. 8Paragraph 8
  77. Discharge of administrator
  78. 9Paragraph 9
  79. Compensation
  80. 10Paragraph 10
  81. Rules of court as regards accountant of court’s supervision etc of administrators
  82. 11Paragraph 11
  83. Power to facilitate realisation
  84. 12Paragraph 12
  85. Schedule 2: Sequestration etc. of Persons Holding Realisable or Forfeitable Property
  86. Sequestration of person holding realisable or forfeitable property
  87. 1Paragraph 1
  88. Bankruptcy in England and Wales of person holding realisable or forfeitable property
  89. 2Paragraph 2
  90. Winding up of company holding realisable or forfeitable property
  91. 3Paragraph 3
  92. Property subject to floating charge
  93. 4Paragraph 4
  94. Insolvency practitioners dealing with property subject to restraint order
  95. 5Paragraph 5
  96. Interpretation
  97. 6Paragraph 6
  98. Part TABLE OF DERIVATIONS
  99. Notes:
  100. 1Paragraph 1
  101. 2Paragraph 2