Proceeds of Crime (Scotland) Act 1995

• (b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

• (c) it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice.

• (2) In subsection (1) above “appeal” includes—

• (a) any proceedings by way of discharging or setting aside a judgment; and

• (b) an application for a new trial or a stay of execution.

• (3) The Court of Session shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

Enforcement of Scottish orders in England and Wales

42

• (1) Her Majesty may by Order in Council make such provision as Her Majesty considers expedient for the purpose—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) of enabling the enforcement in England and Wales of restraint orders, suspended forfeiture orders and forfeiture orders under any enactment other than the Terrorism Act 2000 .

• (2) Without prejudice to the generality of the power conferred by subsection (1) above, an Order in Council under this section may—

• (a) provide that, subject to any specific conditions, such description of orders made under or for the purposes of Part II or III of this Act so far as it relates to realisable property shall have effect in the law of England and Wales;

• (b) provide that, subject to any specified conditions, the functions of a person appointed under Schedule 1 to this Act shall have effect in the law of England and Wales;

• (c) make provision—

• (i) for the registration in the High Court of such descriptions of orders made under or for the purposes of Part II or III of this Act so far as it relates to realisable property as may be specified; and

• (ii) for the High Court to have, in relation to the enforcement of orders made under or for the purposes of Part Part II or III of this Act so far as it so relates which are so registered, such powers as may be specified; and

• (d) make provision as to the proof in England and Wales of orders made under or for the purposes of Part II or III of this Act so far as it so relates.

• (3) In subsection (2) above “specified” means specified in an Order in Council under this section.

• (4) An Order in Council under this section may amend or apply, with or without modifications, any enactment.

• (5) An Order in Council under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.

• (6) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Order in Council as regards taking of action in designated country

43

• (1) Her Majesty may by Order in Council make such provision in connection with the taking of action in a designated country in consequence of the making of a restraint order . . . or suspended forfeiture order under this Act or a forfeiture order under any other enactment as appears to Her Majesty to be expedient.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An Order in Council under this section may amend or apply, with or without modifications, any enactment.

• (4) Subsections (1)(b), (3) and (5) of section 40 of this Act shall apply in respect of Orders in Council under this section as they apply in respect of Orders in Council under that section.

PART V — Miscellaneous and General

Sequestration etc of person holding realisable or forfeitable property

44

• (1) Schedule 2 to this Act shall have effect in relation to the sequestration, bankruptcy, winding up or receivership of persons or, as the case may be, companies holding realisable or forfeitable property.

• (2) In this section and in that Schedule “forfeitable property” means property which is or is liable to be the subject of a suspended forfeiture order.

Disposal of family home under Part I or II

45

• (1) This section applies where —

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a person’s family home has been forfeited to the Crown under section 24 of this Act.

• (2) Where this section applies, then, before the Crown disposes of any right or interest in the person’s family home it shall—

• (a) obtain the relevant consent; or

• (b) where it is unable to do so, apply to the court for authority to carry out the disposal.

• (3) On an application being made to it under subsection (2)(b) above, the court, after having regard to all the circumstances of the case including—

• (a) the needs and financial resources of the spouse or former spouse of the person concerned;

• (b) the needs and financial resources of any child of the family;

• (c) the length of the period during which the family home has been used as a residence by any of the persons referred to in paragraph (a) or (b) above,

may refuse to grant the application or may postpone the granting of the application for such period (not exceeding 12 months) as it may consider reasonable in the circumstances or may grant the application subject to such conditions as it may prescribe.

• (4) Subsection (3) above shall apply—

• (a) to an action for division and sale of the family home of the person concerned; or

• (b) to an action for the purpose of obtaining vacant possession of that home,

brought by the Crown as it applies to an application under subsection (2)(b) above and, for the purposes of this subsection, any reference in the said subsection (3) to the granting of the application shall be construed as a reference to the granting of decree in the action.

• (5) In this section—

• “family home”, in relation to any person (in this subsection referred to as “the relevant person”) means any property in which the relevant person has or had (whether alone or in common with any other person) a right or interest, being property which is occupied as a residence by the relevant person and his or her spouse or by the relevant person’s spouse or former spouse (in any case with or without a child of the family) or by the relevant person with a child of the family;

• “child of the family” includes any child or grandchild of either the relevant person or his or her spouse or former spouse, and any person who has been treated by either the relevant person or his or her spouse or former spouse as if he or she were a child of the relevant person, spouse or former spouse, whatever the age of such a child, grandchild or person may be; and

• “relevant consent” means in relation to the disposal of any right or interest in a family home—in a case where the family home is occupied by the spouse or former spouse of the relevant person, the consent of the spouse or, as the case may be, of the former spouse, whether or not the family home is also occupied by the relevant person;where paragraph (a) above does not apply, in a case where the family home is occupied by the relevant person with a child of the family, the consent of the relevant person.

Forfeiture of property where accused has died

46

• (1) This section applies where at any time after criminal proceedings have been instituted against an accused for an offence to which Part I of this Act applies and before the accused has been sentenced or otherwise dealt with in the proceedings he dies.

• (2) The Court of Session, if it is satisfied beyond reasonable doubt on an application being made to it by the Lord Advocate—

• (a) that the accused committed the offence; and

• (b) that there is property—

• (i) which the accused had obtained, directly or indirectly, in connection with the commission of the offence or, as the case may be, in connection with drug trafficking; or

• (ii) which is a gift caught by Part I of this Act or, as the case may be, an implicative gift,

may, subject to subsection (5) below, make an order which shall have the effect of forfeiting that property.

• (3) The Court of Session may, without prejudice to any other power available to it, at any time before the determination of the case, allow an amendment of the application under subsection (2) above if the amendment is of a type which could competently have been made in an indictment or complaint under section 96 or 159 of the 1995 Act in the criminal proceedings.

• (4) An application under subsection (2) above shall be made as soon as is reasonably practicable after the relevant information becomes available to the Lord Advocate, but, in any event, within 6 years commencing with the date of death of the accused.

• (5) An application under subsection (2) above in relation to property such as is mentioned in paragraph (b)(ii) of that subsection shall be served on the recipient of the gift and, if he satisfies the Court on the balance of probabilities—

• (a) that he received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the gift was made in contemplation of, or after, the commission of the offence or, if more than one, in contemplation of any of the offences or after the commission of the earlier or the earliest of the offences to which the proceedings for the time being relate; and

• (b) that he was not associated with the giver in the commission of the offence; and

• (c) that he would suffer hardship if the application were granted,

the Court may refuse to make an order as mentioned in that subsection; and in the application of this subsection to an implicative gift, any reference to the commission of the offence shall be construed as a reference to the drug trafficking and the reference in paragraph (b) above to the earlier or earliest of more than one offence shall be construed as a reference to the beginning of the drug trafficking.

• (6) Where property has been forfeited under this section, then, if the Court of Session, on an application being made to it is satisfied by the applicant on the balance of probabilities that he was the owner of, or otherwise had an interest in, the property immediately before such forfeiture, it shall make an order under subsection (7) below.

• (7) An order under this subsection shall direct the Crown, if the applicant—

• (a) was the owner of the property, to return it to him if it is reasonably practicable to do so or, if not, to pay compensation to him of an amount determined under subsection (8) below; or

• (b) otherwise had an interest in the property, to pay compensation to him of an amount corresponding to the value of such interest.

• (8) For the purposes of subsection (7) above, the amount determined under this subsection shall be an amount equal to the amount of any consideration received for the property or the value of any such consideration at the time of the disposal, or, if no consideration was received, an amount equal to the value of the property at the time of the disposal.

• (9) Property which has been forfeited under this section shall be dealt with by the Crown in such manner as seems to it to be appropriate.

• (10) Where a restraint order is not in force in respect of a person when he dies in the circumstances mentioned in subsection (1) above, the Court of Session may, on the application of the Lord Advocate, in so far as the property concerned is—

• (a) heritable property in Scotland, make an order inhibiting any person; and

• (b) moveable property, grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.

• (11) Paragraphs (a) and (b) of subsection (1) and subsections (2) to (5) of section 32 of this Act shall, subject to any necessary modifications, apply for the purposes of subsection (10)(a) above as they apply for the purposes of that section.

• (12) Subsections (2) to (4) of section 33 of this Act shall, subject to any necessary modifications, apply for the purposes of subsection (10)(b) above as they apply for the purposes of that section.

• (13) Proceedings under this section are civil proceedings for the purposes of section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968.

Construction of certain enactments

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service and notice

48

Subject to the provisions of this Act, provision may be made by rules of court as to the giving of notice required for the purposes of this Act in so far as it is connected with drug trafficking or the effecting of service so required; and different provision may be so made for different cases or classes of case and for different circumstances or classes of circumstance.

Interpretation

49

• (1) In this Act, unless the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

• “accused” includes a person against whom criminal proceedings have been instituted in relation to the commission of an offence and a person convicted of an offence;

• “clerk of court” includes the sheriff clerk;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “interest”, in relation to property, includes right;

• “property” has the meaning assigned by section 2 of this Act;

• “realisable property” has the meaning assigned by section 4 of this Act;

• “restraint order” means an order made under section 28 of this Act;

• “suspended forfeiture order” means an order made under section 21(2) of this Act.

• (2) In this Act, “drug trafficking” means, subject to subsections (3) and (4) below, doing or being concerned in any of the following, whether in Scotland or elsewhere—

• (a) producing or supplying a controlled drug where the production or supply contravenes section 4(1) of the Misuse of Drugs Act 1971;

• (b) transporting or storing such a drug where possession of it contravenes section 5(1) of that Act;

• (c) importing or exporting such a drug where the importation or exportation is prohibited by section 3(1) of that Act;

• (d) producing, supplying, transporting, storing, importing or exporting such a drug in contravention of a corresponding law (“corresponding law” having the meaning assigned by section 36(1) of that Act);

• (e) manufacturing or supplying a scheduled substance within the meaning of section 12 of the Criminal Justice (International Co-operation) Act 1990 where the manufacture or supply is an offence under that section;

• (f) acquiring, having possession of or using property in contravention of section 37 of the Criminal Law (Consolidation) (Scotland) Act 1995;

• (g) concealing or transferring the proceeds of drug trafficking in contravention of section 14 of the said Act of 1990;

• (h) using any ship for illicit traffic in controlled drugs in contravention of section 19 of the said Act of 1990.

• (3) Drug trafficking also includes, whether in Scotland or elsewhere, entering into or being otherwise concerned in any arrangement whereby—

• (a) the retention or control by or on behalf of another person of the other person’s proceeds of drug trafficking is facilitated, or

• (b) the proceeds of drug trafficking by another person are used to secure that funds are placed at the other person’s disposal or are used for the other person’s benefit to acquire property by way of investment.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this Act a “drug trafficking offence” means any of the following—

• (a) an offence under—

• (i) section 4(2) (production, or being concerned in production, of controlled drug);

• (ii) section 4(3) (supply of, or offer to supply, or being concerned in supply of, controlled drug);

• (iii) section 5(3) (possession of controlled drug with intent to supply); or

• (iv) section 20 (assisting in, or inducing commission of, certain drug related offences punishable under foreign law),

of the Misuse of Drugs Act 1971;

• (b) in connection with a prohibition or restriction on importation and exportation having effect by virtue of section 3 of the said Act of 1971, an offence under section 50(2) or (3) (improper importation), 68(2) (improper exportation) or 170 (fraudulent evasion of duty etc.) of the Customs and Excise Management Act 1979;

• (c) an offence under section 37 of the Criminal Law (Consolidation) (Scotland) Act 1995;

• (d) an offence under section 38 of the said Act of 1995;

• (e) an offence under section 12, 14 or 19 of the Criminal Justice (International Co-operation) Act 1990;

• (f) an offence of conspiring, inciting or attempting to commit an offence mentioned in paragraph (a), (b), (c) or (e) above.

• (6) For the purposes of this Act proceedings for an offence are instituted against a person—

• (a) on his arrest without warrant;

• (b) when he is charged with the offence without being arrested;

• (c) when a warrant to arrest him is granted;

• (d) when a warrant to cite him is granted;

• (e) in summary proceedings, on the first calling of the case; or

• (f) when a petition is intimated to him or an indictment or a complaint is served on him,

and, where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to be instituted at the earliest of those times.

• (7) Any reference in this Act to a conviction of an offence includes a reference to a finding that the offence has been committed.

Short title, commencement and extent

50

• (1) This Act may be cited as the Proceeds of Crime (Scotland) Act 1995.

• (2) This Act shall come into force on 1 April 1996.

• (3) Subject to subsections (4) and (5) below, this Act extends only to Scotland.

• (4) Section 44 of and Schedule 2 to this Act and this section extend to England and Wales as well as to Scotland.

• (5) Section 42 of this Act extends only to England and Wales.

SCHEDULE 1

Appointment of administrators

1

• (1) On the application of the prosecutor the court may as regards property—

• (a) affected by a restraint order or a suspended forfeiture order, appoint a person to manage, or otherwise deal with, the property; or

• (b) where a suspended forfeiture order . . . has been made, appoint a person (or empower an appointee under paragraph (a) above) to realise the property,

in accordance with the court’s directions and may (whether on making the appointment or from time to time) require any person having possession of the property to give possession of it to the appointee (any such appointee being in this Act referred to as an “administrator”).

• (2) A requirement under sub-paragraph (1) above—

• (a) . . . may relate to the property generally or to particular such property and may be subject to such exceptions and conditions as may be specified by the court;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On a requirement being imposed under sub-paragraph (1) above—

• (a) the clerk of court shall forthwith notify—

• (i) the person in respect of whom the restraint order, or as the case may be the suspended forfeiture order . . . , has been made; and

• (ii) any other person named in the requirement as being subject to it; and

• (b) any dealing of or with such person in relation to the property shall be of no effect in a question with the administrator unless whoever dealt with the person had, at the time when the dealing occurred, no knowledge of the appointment.

• (4) The court, at the instance of any person having an interest, may at any time—

• (a) vary or withdraw a requirement imposed under sub-paragraph (1) above; or

• (b) without prejudice to paragraph 4 below or to the powers and duties of an administrator pending a decision under this sub-sub-paragraph, on cause shown, remove the administrator from office.

• (5) On the death or resignation of the administrator, or on his removal from office under sub-paragraph (4)(b) above or paragraph 5 below, the court shall appoint a new administrator.

• (6) Such of the property (if any) as was, by virtue of paragraph 2(3) below, vested in the administrator who has died, resigned or been removed shall forthwith vest in the new administrator; and any requirement imposed under sub-paragraph (1) above shall, on the person subject to the requirement being notified in writing of the appointment by the appointee, apply in relation to the appointee instead of in relation to his predecessor.

• (7) The administration of property by an administrator shall be deemed continuous notwithstanding any temporary vacancy in that office.

• (8) Any appointment under this paragraph shall be on such conditions as to caution as the accountant of court may think fit to impose; but the premium of any bond of caution or other security thereby required of the administrator shall be treated as part of his outlays in his actings as such.

• (9) Without prejudice to paragraph 5 below, section 6 of the Judicial Factors (Scotland) Act 1889 (supervision of judicial factors) shall not apply in relation to an appointment under this section.

Functions of administrators

2

• (1) Subject to paragraph 5 below, an administrator—

• (a) shall be entitled to take possession of . . . shall as soon as practicable take possession of, the property as regards which he has been appointed and of any document which both—

• (i) is in the possession or control of the person (in this paragraph referred to as “A”) in whom the property is vested (or would be vested but for an order made under sub-paragraph (3) below); and

• (ii) relates to the property or to A’s assets, business or financial affairs;

• (b) shall be entitled to have access to, and to copy, any document relating to the property or to A’s assets, business or financial affairs and not in such possession or control as is mentioned in sub-sub-paragraph (a) above;

• (c) may bring, defend or continue any legal proceedings relating to the property;

• (d) may borrow money in so far as it is necessary to do so to safeguard the property and may for the purposes of such borrowing create a security over any part of the property;

• (e) may, if the administrator considers that to do so would be beneficial for the management or realisation of the property—

• (i) carry on any business of A;

• (ii) exercise any right of A as holder of securities in a company;

• (iii) grant a lease of the property or take on lease any other property; or

• (iv) enter into any contract, or execute any deed, as regards the property or as regards A’s business;

• (f) may, where any right, option or other power forms part of A’s estate, make payments or incur liabilities with a view to—

• (i) obtaining property which is the subject of; or

• (ii) maintaining,

the right, option or power;

• (g) may effect or maintain insurance policies as regards the property on A’s business;

• (h) where he has been appointed under paragraph 1(1)(b) above may, where A has an uncompleted title to any heritable estate, complete title thereto;

• (j) may sell, purchase or exchange property or discharge any security for an obligation due to A:

• (k) may claim, vote and draw dividends in the sequestration of the estate (or bankruptcy or liquidation) of a debtor of A and may accede to a voluntary trust deed for creditors of such a debtor;

• (l) may discharge any of his functions through agents or employees;

• (m) may take such professional advice as he may consider requisite for the proper discharge of his functions;

• (n) may at any time apply to the court for directions as regards the discharge of his functions;

• (o) may exercise any power specifically conferred on him by the court, whether such conferral was at the time of his appointment or on his subsequent application to the court in that regard; and

• (p) may do anything incidental to the above powers and duties.

• (2) Subject to the proviso to sub-paragraph (1)(j) above—

• (a) a person dealing with an administrator in good faith and for value shall not require to determine whether the administrator is acting within the powers mentioned in that subsection; and

• (b) the validity of any title shall not be challengeable by reason only of the administrator having acted outwith those powers.

• (3) The exercise of a power mentioned in any of sub-paragraphs (1)(c) to (k) above shall be in A’s name except where and in so far as an order made by the court under this sub-paragraph (either on its own motion or on the application of the administrator) has vested the property in the administrator (or in his predecessor in that office).

Money received by administrator

3

• (1) Subject to sub-paragraph (2) below, all money received by an administrator in the exercise of his functions shall be deposited by him, in the name (unless vested in the administrator by virtue of paragraph 2(3) above) of the holder of the property realised, in an appropriate bank or institution.

• (2) The administrator may at any time retain in his hands a sum not exceeding £200 or such other sum as may be prescribed by the Secretary of State by regulations made by statutory instrument.

• (3) In sub-paragraph (1) above, “appropriate bank or institution” means a bank or institution mentioned in section 2(1) of the Banking Act 1979 or for the time being specified in Schedule 1 to that Act.

Application of proceeds of realisation and other sums

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision of administrators

5

• (1) The accountant of court shall supervise the performance by administrators of the functions conferred on them by . . . this Act; and in particular an administrator proposing to exercise functions conferred by any of paragraphs 2(1)(c) to (p) above shall first obtain the consent of the accountant of court to such exercise.

• (2) If it appears to the accountant of court that an administrator has, without reasonable cause, failed to perform a duty imposed on him by any provision of section 16 of this Act or of this Schedule, he shall report the matter to the court which, after giving the administrator an opportunity to be heard as regards the matter, may remove the administrator from office, censure him or make such other order as the circumstances of the case may appear to the court to require.

Accounts and remuneration of administrator

6

• (1) The administrator shall keep such accounts in relation to his intromissions with the property as regards which he is appointed as the court may require and shall lodge these accounts with the accountant of court at such times as may be fixed by the court in that regard; and the accountant of court shall audit the accounts and issue a determination as to the amount of outlays and, on the basis mentioned in sub-paragraph (3) below, remuneration payable to the administrator in respect of those intromissions.

• (2) Not later than two weeks after the issuing of a determination under sub-paragraph (1) above, the administrator or the Lord Advocate may appeal against it to the court.

• (3) The basis for determining the amount of remuneration payable to the administrator shall be the value of the work reasonably undertaken by him, regard being had to the extent of the responsibilities involved.

• (4) The accountant of court may authorise the administrator to pay without taxation an account in respect of legal services incurred by the administrator.

Effect of appointment of administrator on diligence

7

Without prejudice to sections 32 and 33 of this Act—

• (a) no arrestment or attachment of property executed on or after an appointment as regards the property under paragraph 1 above shall be effectual to create a preference for the arrester or poinder and any such property so arrested or poinded, or the proceeds of sale thereof, shall be handed over to the administrator;

• (b) no poinding of the ground in respect of property on or after such appointment shall be effectual in a question with the administrator except for the interest on the debt of a secured creditor, being interest for the current half-yearly term and arrears of interest for one year immediately before the commencement of that term;

• (c) it shall be incompetent on or after such appointment for any other person to . . . or to be confirmed as executor-creditor on that property; and

• (d) no inhibition on property which takes effect on or after such appointment shall be effectual to create a preference for the inhibitor in a question with the administrator.

Further provision as to administrators

8

• (1) Where an administrator takes any action—

• (a) in relation to property as regards which he has not been appointed, being action which he would be entitled to take if he had been so appointed,

• (b) believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

• (2) Any amount due in respect of the remuneration and expenses of an administrator appointed under this Schedule shall . . . be paid by the Lord Advocate.

• (3) Any disposal of property under paragraph 1 above to a person taking in good faith shall vest the ownership of the property in that person.

Discharge of administrator

9

After an administrator has lodged his final accounts under paragraph 6(1) above, he may apply to the accountant of court to be discharged from office; and such discharge, if granted, shall have the effect of freeing him from all liability (other than liability arising from fraud) in respect of any act or omission of his in exercising the functions conferred on him by this Act.

Compensation

10

• (1) Where the court, on an application made to it by a person other than the accused . . . , is satisfied on the balance of probabilities that in relation to any property realised under paragraph 1 above he was the owner of, or a person otherwise having an interest in, the property immediately before such realisation, it shall make an order directing the Crown to pay to that person compensation of an amount equal to the consideration received for the property or, as the case may be, interest or the value of any such consideration at the time of such realisation, or, if no consideration was received, an amount equal to the value of the property or interest at the time of the realisation.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules of court as regards accountant of court’s supervision etc of administrators

11

Without prejudice to section 5 of the Court of Session Act 1988 (power to regulate procedure etc. by Act of Sederunt), provision may be made by rules of court as regards (or as regards any matter incidental to) the accountant of court’s powers and duties under this Act in relation to the functions of administrators.

Power to facilitate realisation

12

• (1) Without prejudice to any enactment or rule of law in respect of the recording of deeds relating to heritable property or the registration of interests therein, the court, to facilitate realisation under paragraph 1 above, may—

• (a) order any person (in this paragraph referred to as “A”) holding an interest in property, not being such person (in this paragraph referred to as “B”) as is mentioned in . . . section 21 of this Act, to make such payment to an administrator appointed to realise estate comprising an interest of B in that property as the court may direct and may, subject to such payment being made—

• (i) authorise the administrator to transfer B’s interest to A or to discharge it in favour of A; or

• (ii) itself by order transfer or discharge B’s interest; or

• (b) by order—

• (i) transfer A’s interest to B; or

• (ii) discharge it in favour of B,

on the administrator making such payment to A out of that estate in respect of A’s interest as the court may direct.

• (2) The court may make such incidental provision in relation to any exercise of powers conferred on it by sub-paragraph (1) above as it considers appropriate; but it shall not exercise those powers without giving such persons as hold an interest in the property reasonable opportunity to make representations to it in that regard.

SCHEDULE 2

Sequestration of person holding realisable or forfeitable property

1

• (1) Where the estate of a person who holds realisable or forfeitable property is sequestrated—

• (a) property, other than heritable property situated in Scotland, for the time being subject to a restraint order made before the date of sequestration (within the meaning of section 22(7) of the 2016 Act) and heritable property situated in Scotland for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before such date of sequestration; and

• (b) any proceeds of property realised by virtue of paragraph 1 of Schedule 1 to this Act for the time being in the hands of an administrator appointed under that paragraph,

is excluded from the debtor’s estate for the purposes of that Act.

• (2) Where an award of sequestration has been made, the powers conferred on the court by sections 28 to 33 . . . of and the said Schedule 1 to this Act or on an administrator appointed under paragraph 1 of that Schedule shall not be exercised in relation to—

• (a) property comprised in the whole estate of the debtor (within the meaning of section 79 of the 2016 Act); or

• (b) any income of the debtor which has been ordered, under section 90 or 95 of that Act, to be paid to the trustee or any estate which, under subsection (4) of section 79, or subsection (5) of section 86, of that Act vests in the trustee,

and it shall not be competent to submit a claim in relation to the confiscation order to the trustee in the sequestration in accordance with section 122 of that Act.

• (3) Nothing in the 2016 Act shall be taken as restricting, or enabling the restriction of, the exercise of the powers so conferred.

• (4) Where, during the period before sequestration is awarded, an interim trustee stands appointed under section 54(1) of the 2016 Act and any property in the debtor’s estate is subject to a restraint order, the powers conferred on the interim trustee by virtue of that Act do not apply to property for the time being subject to the restraint order.

• (5) Where the estate of a person is sequestrated and he has directly or indirectly made a gift caught by Part I of this Act or an implicative gift—

• (a) no decree shall, at any time when proceedings as regards an offence to which Part I of this Act applies or, as the case may be, a drug trafficking offence have been instituted against him and have not been concluded or when property of the person to whom the gift was made is subject to a restraint order, be granted under section 98 or 99 of the 2016 Act (gratuitous alienations and unfair preferences) in respect of the making of the gift; and

• (b) any decree granted under either of the said sections 98 and 99 after the conclusion of the proceedings shall take into account any realisation under this Act of property held by the person to whom the gift was made.

Bankruptcy in England and Wales of person holding realisable or forfeitable property

2

• (1) Where a person who holds . . . forfeitable property is adjudged bankrupt—

• (a) property, other than heritable property situated in Scotland, for the time being subject to a restraint order made before the order adjudging him bankrupt and heritable property situated in Scotland for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before the order adjudging him bankrupt was made; and

• (b) any proceeds of property realised by virtue of paragraph 1 of Schedule 1 to this Act for the time being in the hands of an administrator appointed under that paragraph,

is excluded from the bankrupt’s estate for the purposes of Part IX of the Insolvency Act 1986.

• (2) Where a person has been adjudged bankrupt, the powers conferred on the court by sections 28 to 33 . . . of and the said Schedule 1 to this Act or on an administrator appointed under paragraph 1 of that Schedule shall not be exercised in relation to—

• (a) property for the time being comprised in the bankrupt’s estate for the purposes of the said Part IX;

• (b) property in respect of which his trustee in bankruptcy may (without leave of the court) serve a notice under section 307, 308 or 308A of the Insolvency Act 1986 (after-acquired property and tools, clothes, etc. exceeding value of reasonable replacement and certain tenancies); and

• (c) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 280(2)(c) of the Insolvency Act 1986.

• (3) Nothing in the Insolvency Act 1986 shall be taken as restricting, or enabling the restriction of, the exercise of the powers so conferred.

• (4) Where, in the case of a debtor, an interim receiver stands appointed under section 286 of the Insolvency Act 1986 and any property of the debtor is subject to a restraint order the powers conferred on the receiver by virtue of that Act do not apply to property for the time being subject to the restraint order.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Winding up of company holding realisable or forfeitable property

3

• (1) Where realisable or forfeitable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—

• (a) property, other than heritable property situated in Scotland, for the time being subject to a restraint order made before the relevant time and heritable property situated in Scotland for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before the relevant time; and

• (b) any proceeds of property realised by virtue of paragraph 1 of Schedule 1 to this Act for the time being in the hands of an administrator appointed under that paragraph.

• (2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the court by sections 28 to 33 . . . of and the said Schedule 1 to this Act or on an administrator appointed under paragraph 1 of that Schedule shall not be exercised in relation to any realisable or forfeitable property held by the company in relation to which the functions of the liquidator are exercisable—

• (a) so as to inhibit the liquidator from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or

• (b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

• (3) Nothing in the Insolvency Act 1986 shall be taken as restricting, or enabling the restriction of, the exercise of the powers so conferred.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this paragraph—

• “company” means any company which may be wound up under the Insolvency Act 1986; and

• “the relevant time” means—where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;where such an order has been made and, before the presentation of the petition for the winding up of the company by the court, such a resolution had been passed by the company, the time of the passing of the resolution; andin any other case where such an order has been made, the time of the making of the order.

Property subject to floating charge

4

• (1) Where any property held subject to a floating charge by a company is realisable or forfeitable property and a receiver has been appointed by, or on the application of, the holder of the charge, the powers of the receiver in relation to the property so held shall not be exercisable in relation to—

• (a) so much of it, not being heritable property situated in Scotland, as is for the time being subject to a restraint order made before the appointment of the receiver and so much of it, being heritable property situated in Scotland, as is for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before such appointment; and

• (b) any proceeds of property realised by virtue of paragraph 1 of Schedule 1 to this Act for the time being in the hands of an administrator appointed under that paragraph.

• (2) Where, in the case of a company, such an appointment has been made, the powers conferred on the court by sections 28 to 33 . . . of and the said Schedule 1 to this Act or on an administrator appointed under paragraph 1 of that Schedule shall not be exercised in relation to any realisable property held by the company in relation to which the powers of the receiver are exercisable—

• (a) so as to inhibit the receiver from exercising his powers for the purpose of distributing any property held by the company to the company’s creditors; or

• (b) so as to prevent the payment out of any property of expenses (including the remuneration of the receiver) properly incurred in the exercise of the receiver’s powers in respect of the property.

• (3) Nothing in the Insolvency Act 1986, shall be taken as restricting, or enabling the restriction of, the exercise of the powers so conferred.

• (4) In this paragraph—

• “company” has the same meaning as in paragraph 3 above; and

• “floating charge” includes a floating charge within the meaning given by section 462 of the Companies Act 1985 (power of incorporated company to create floating charge).

Insolvency practitioners dealing with property subject to restraint order

5

• (1) Without prejudice to the generality of any enactment contained in the Insolvency Act 1986 or in the 2016 Act, where

• (a) any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are, because that property is for the time being subject to a restraint order, not exercisable; and

• (b) at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of a court order or otherwise) to seize or dispose of that property,

he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by the insolvency practitioner’s negligence; and the insolvency practitioner shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, sequestration or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his actings in connection with those proceedings.

• (2) Any person who, acting as an insolvency practitioner, incurs expenses—

• (a) in respect of such realisable property as is mentioned in sub-paragraph (1)(a) above and in so doing does not know and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or

• (b) other than in respect of such realisable property as is so mentioned, being expenses which, but for the effect of a restraint order, might have been met by taking possession of and realising the property,

shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under sub-paragraph (1) above) to payment of those expenses under paragraph 4(2) or (4)(a) of Schedule 1 to this Act.

• (3) In the foregoing provisions of this paragraph, the expression “acting as an insolvency practitioner” shall be construed in accordance with section 388 (interpretation) of the said Act of 1986 except that for the purposes of such construction ... subsection (5) of that section shall be disregarded; and the expression shall also comprehend the official receiver acting as receiver or manager of the property.

Interpretation

6

• (1) In this Schedule “the 2016 Act” means the Bankruptcy (Scotland) Act 2016 .

• (2) References in this Schedule to the conclusion of proceedings, except for the purposes of paragraph 2(5) above, shall be construed—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) as regards property subject to a restraint order under section 28(1)(b) of this Act, in accordance with section 30(5) of this Act.

• (3) References in this Schedule to property held by a person include a reference to property vested in the trustee (or interim trustee) in his sequestration or in his trustee in bankruptcy or liquidation.

TABLE OF DERIVATIONS

Notes:

1

This Table shows the derivation of the provisions of the Bill.

2

The following abbreviations are used in the Table:—

1987	= Criminal Justice (Scotland) Act 1987 (c. 41)
1988	= Criminal Justice Act 1988 (c. 33)
1993	= Criminal Justice Act 1993 (c. 36)
1994	= Drug Trafficking Act 1994 (c. 37)
1995	= Criminal Justice (Scotland) Act 1995 (1995 c. 20)
1995CP	= Criminal Procedure (Consequential Provisions) (Scotland) Act (1995 c. 40)
1995CLC	= Criminal Law (Consolidation) (Scotland) Act 1995 (1995 c. 39)
Provision	Derivation
---	---
1(1)	1987 s.1(1); 1995 s.70(1), Sch.5 §.2
(2)	1987 s.1(2); 1995 s.70(2), Sch.5 §.2
(3)	1987 s.1(2B); 1995 s.70(3), Sch.5 §.2
(4)	1995 s.70(4)
(5)	1987 s.1(1); 1995 s.70(5), Sch.5 §.2
(6)	1987 s.1(2A); 1995 s.70(6), Sch.5 §.2
(7)	1987 s.1(4); 1995 s.70(7)
2	1995 s.71
3	1987 s.3; 1994 Sch.1 §.12; 1995 Sch.5 §.4
4(1)	1987 s.5(1); 1995 s.72(1), Sch.5 §.6
(2)	1987 s.5(2); 1995 s.72(2), Sch.5 §.6
(3)	1987 s.5(4); 1995 s.72(3), Sch.5 §.6
(4)	1987 s.5(5); 1995 s.72(4), Sch.5 §.6
(5)	1987 s.5(5); 1995 s.72(5), Sch.5 §.6
(6)	1987 s.5(7); 1995 Sch.5 §.6
5(1)	1995 s.73(1)
(2)	1995 s.73(2)(part)
(3)	1995 s.73(6)
(4)	1995 s.73(7)
(5)	1995 s.73(8)
6(1)	1987 s.6(1); Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Sch.8 §.37; 1995 Sch.5 §.7
(2)	1987 s.6(2)(part); 1995 Sch.5 §.7
(3)	1987 s.5(7A); 1995 Sch.5 §.6
(4)	1987 s.5(7B); 1995 Sch.5 §.6
(5)	1987 s.5(7C); 1995 Sch.5 §.6
7(1)	1987 s.6(2)(part); 1995 s.73(2)(part), Sch.5 §.7
(2)	1987 s.6(2)(part); 1995 s.73(2)(part), Sch.5 §.7
(3)	1987 s.6(2)(part); 1995 s.73(2)(part), Sch.5 §.7
(4)	1987 s.6(3); 1995 s.73(3), Sch.5 §.7
(5)	1987 s.6(3A); 1995 s.73(4), Sch.5 §.7
(6)	1995 s.73(5)
8(1)	1987 s.1(2C); 1995 s.74(1), Sch.5 §.2
(2)	1987 s.1(2D); 1995 s.74(2), Sch.5 §.2
(3)	1987 s.1(5); 1995 s.74(3), Sch.5 §.2
(4)	1987 s.1(2E); 1995 s.74(4), Sch.5 §.2
9(1)	1987 s.4(1)(part); 1995 s.75(1), Sch.5 §.5
(2)	1987 s.4(1)(part); 1995 s.75(2), Sch.5 §.5
(3)	1987 s.4(2); 1995 s.75(3), Sch.5 §.5
(4)	1987 s.4(3); 1995 s.75(4)
(5)	1987 s.4(4); 1995 s.75(5), Sch.5 §.5
(6)	1987 s.4(6); 1995 s.75(6), Sch.5 §.5
(7)	1995 s.75(7)
(8)	1987 s.4(5)
10	1987 s.2; 1995 s.76, Sch.5 §.3
11	1987 s.6A; 1995 s.77, Sch.5 §.8
12	1987 s.25; 1995 s.78, Sch.23
13(1)	1987 s.6B(1); 1995 s.79(1), Sch.5 §.8
(2)	1987 s.6B(2); 1995 s.79(2), Sch.5 §.8
(3)	1987 s.6B(3); 1995 s.79(3), Sch.5 §.8
(4)	1987 s.6B(4); 1995 s.79(4), Sch.5 §.8
(5)	1987 s.6B(7); 1995 s.79(5), Sch.5 §.8
(6)	1987 s.6B(6); 1995 s.79(6), Sch.5 §.8
(7)	1987 s.6B(9); 1995 s.79(7), Sch.5 §.8
(8)	1987 s.6B(8); 1995 s.79(8), Sch.5 §.8
(9)	1987 s.6B(5); 1995 Sch.5 §.8
(10)	1987 s.6B(10); 1995 s.79(9), Sch.5 §.8
14	1987 s.7; 1994 Sch.1 §.13; 1995 s.80, Sch.5 §.9
15	Criminal Justice (International Co-operation) Act 1990 (c. 5) s.15; 1995 s.81
16	1987 s.23; 1995 s.82, Sch.5 §.21
17(1)	1987 s.26(1); 1995 s.83(1), Sch.5 §.24
(2)	1987 s.26(1A); 1995 s.83(2), Sch.5 §.24
(3)	1987 s.26(2); 1995 s.83(3), Sch.5 §.24
(4)	1987 s.26(3); 1995 s.83(4), Sch.5 §.24
(5)	1987 s.26(4); 1995 s.83(5), Sch.5 §.24
(6)	1987 s.26(6), 47(5); 1995 s.83(6), Sch.5 §.24
(7)	1987 s.47(1); 1995 s.83(7), Sch.5 §.33
18	1995 s.18
19	1995 s.19
20	1995 s.20
21	1995 s.84
22	1995 s.85
23	1995 s.86
24	1995 s.87
25	1995 s.88
26	1995 s.89
27	1995 s.90
28(1)	1987 s.8(1); 1995 s.91(1), Sch.5 §.11
(2)	1987 s.8(2); 1995 s.91(2), Sch.5 §.11
(3)	1987 s.8(7); 1995 s.91(3), Sch.5 §.11
(4)	1987 s.8(8); 1995 s.91(4), Sch.5 §.11
(5)	1987 s.10(1); 1994 Sch.1 §.14; 1995 s.91(5)
(6)	1987 s.10(2); 1995 s.91(6)
(7)	1987 s.8(9); 1995 s.91(7), Sch.5 §.11
(8)	1987 s.12(1); 1995 s.91(8), Sch.5 §.14
(9)	1987 s.12(2); 1995 s.91(9)
(10)	1987 s.12(3); 1995 s.91(10), Sch.5 §.14
29(1)	1995 s.92(1); Drafting
(2)	1987 s.8(3); 1995 s.92(2), Sch.5 §.11
(3)	1987 s.8(4); 1995 s.92(3), Sch.5 §.11
(4)	1987 s.8(5); 1995 s.92(4), Sch.5 §.11
(5)	1987 s.8(6); 1995 s.92(5), Sch.5 §.11
(6)	1987 s.47(5); 1995 s.92(6), Sch.5 §.33
(7)	1987 s.8(10); 1995 s.92(7), Sch.5 §.11
30	1995 s.93
31	1987 s.9; 1995 s.94, Sch.5 §.11
32	1987 s.11; 1995 s.95, Sch.5 §.12
33	1987 s.11A; 1995 s.96, Sch.5 §.13
34	1995 s.97; Drafting
35	1987 s.27; 1994 Sch.1 §.18; 1995 s.98
36	1987 s.28; 1994 Sch.1 §.19; 1995 s.99
37	1987 s.28A; 1995 s.100, Sch.5 §.25
38	1987 s.28B; 1995 s.101, Sch.5 §.25
39(1)	1987 s.29(1); 1995 s.102(1)
(2)	1987 s.29(2); 1995 s.102(2)
(3)	1987 s.29(3); 1995 s.102(3)
(4)	1987 s.29(3A); 1993 s.22(2)
(5)	1987 s.29(4); 1993 s.21(3); 1995 s.102(4)
40	1987 s.30; Law Reform Miscellaneous Provisions (Scotland) Act 1990 (c. 40) s.63; 1993 s.21(3); 1995 s.103
41	1987 s.30A; Law Reform Miscellaneous Provisions (Scotland) Act 1990 (c. 40) s.63; 1995 s.104
42	1995 s.105
43	1987 s.32; 1995 s.106, Sch.5 §.27
44	1995 s.107; Drafting
45	1987 s.7A; 1995 s.108, Sch.5 §.10
46	1987 s.37A; 1995 s.109, Sch.5 §.32
47(1)	1987 s.45(1); 1995 s.110(4)
(2)	1987 s.45(2); 1995 s.110(5)
(3)	1987 s.45(5); 1995 s.110(7)
(4)	1987 s.45(4); 1995 s.110(6)
48	1987 s.46
49(1)	1995 s.111(1)
(2)	1987 s.1(6); 1988 Sch.5 §.19; 1990 Sch.4 §.5; 1993 s.24(13)
(3)	1987 s.1(6)
(4)	1987 s.1(7); 1993 s.24(15)
(5)	1987 s.1(6); 1990 Sch.4 §.5; 1993 s.24(14)
(6)	1987 ss.5(3), 8(12); 1995 s.111(3), Sch.5 §s.6, 11
(7)	1987 s.47(6); 1995 s.111(4), Sch.5 §.33
50(1), (2)	Drafting
(3) — (5)	1995 s.115(4) — (6)
Sch. 1
§.1	1987 s.13; 1995 Sch.3 §.1, Sch.5 §.15
§.2	1987 s.14; 1995 Sch.3 §.2, Sch.5 §.16
§.3	1987 s.15; 1995 Sch.3 §.3
§.4	1987 s.16; 1988 Sch.5 §.21; 1995 Sch.3 §.4, Sch.5 §.17
§.5	1987 s.17; 1995 Sch.3 §.5, Sch.5 §.18
§.6	1987 s.18; 1995 Sch.3 §.6, Sch.5 §.19
§.7	1987 s.19; 1995 Sch.3 §.7
§.8	1987 s.20; 1995 Sch.3 §.8, Sch.5 §.20
§.9	1987 s.21; 1995 Sch.3 §.9
§.10	1987 s.26(5), (6), 47(5); 1995 Sch.3 §.10
§.11	1987 s.22; 1995 Sch.5 §.11
§.12	1987 s.24; 1995 Sch.5 §.12
Sch. 2	1
§.1	1987 s.33; Housing Act 1988 (c. 50) Sch.17 §.81; 1995 Sch.4 §.1, Sch.5 §.28
§.2	1987 s.34; 1988 Sch.5 §.22; Housing Act 1988 (c. 50) Sch.17 §.81; 1995 Sch.4 §.2, Sch.5 §.29
§.3	1987 s.35; 1995 Sch.4 §.3, Sch.5 §.30
§.4	1987 s.36; 1995 Sch.4 §.4, Sch.5 §.31
§.5	1987 s.37; 1995 Sch.4 §.5, Sch.5 §.32
§.6	1987 s.47(1), (4); 1995 Sch.4 §.6

General provision.

Authority for search.

Suspended forfeiture order.

Restraint orders.

Restraint orders in relation to realisable property.

Sequestration etc of person holding realisable or forfeitable property.

TABLE OF DERIVATIONS

Notes:

1

This Table shows the derivation of the provisions of the Act.

2

The following abbreviations are used in the Table:—

Editorial notes

[^c21025141]: 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.

[^c3075161]: Act wholly in force at 1.4.1996, see s. 50(2)

[^c3075171]: Act extended (S.) (1.4.1996) by 1995 c. 40, ss. 1, 2(2), 7(2)

[^c3075181]: 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

[^c3075221]: Words in s. 1(2) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 11(2); S.I. 2001/421, art. 2 (with art. 3)

[^c21048821]: Pt. I (ss. 1-20) (except s. 2(7)) repealed (24.2.2003 in so far as repeals ss. 18-20 and otherwise 24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c3075241]: 1990 c. 5.

[^c3075251]: 1995 c.39.

[^c3075271]: 1985 c.66.

[^c3075281]: 1986 c.45.

[^c3075321]: 1980 c.43.

[^c3075331]: S.I. 1981/1675 (N.I. 26)>

[^c3075341]: 1989 c.45.

[^c3075351]: S. 14(2)(i) added (20.10.1997 for specified purposes and otherwise 1.1.1998) by 1997 c. 48, s. 15(3); S.I. 1997/2323, arts. 3, 4, Sch. 1, Sch. 2

[^c3075361]: S. 16(2)-(6) applied (with modifications) (17.4.2001) by S.I. 2001/953, art. 5

[^c3075411]: S. 17(5) amended (temp. to 4.1.1995) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 4(2); S.I. 1994/2850, art. 3(c)(v)

[^c3075421]: 1967 c.77.

[^c3075461]: S. 18 restricted (28.7.1998) by 1998 c. 35, s. 14(3)(b); S.I. 1998/1858, art. 2

[^c3075471]: 1947 c.44.

[^c3075481]: 1995 c.39.

[^c3075491]: S. 18(12) added (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 115; S.I. 1998/2327, arts. 1(y), 2(2)(jj)

[^c3075511]: S. 19 restricted (28.7.1998) by 1998 c. 35, s. 14(3)(b); S.I. 1998/1858, art. 2

[^c3075521]: Words in s. 19(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 116; S.I. 1998/2327, arts. 1(y), 2(2)(jj)

[^c3075541]: S. 20 restricted (28.7.1998) by 1998 c. 35, s. 14(3)(c); S.I. 1998/1858, art. 2 S. 20 extended (E.W.) (17.4.2001) by S.I. 2001/953, art. 3(4)(a)(i)

[^c3075551]: 1979 c.2.

[^c3075561]: 1947 c.44.

[^c3075191]: Pt. I (ss. 1-20) excluded (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 15(1) Pt. I (ss. 1-20) applied (with modifications) (1.5.1999) by S.I. 1999/673, art. 4, Sch. 3 paras. 1-12

[^c21031521]: Pt. I (ss. 1-20) (except s. 2(7)) repealed (24.2.2003 in so far as repeals ss. 18-20 and otherwise 24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c21030521]: Words in s. 25(9) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206, Sch. 2 para. 40(2); S.S.I. 2010/413, art. 2, Sch. (with art. 3)

[^c21030541]: Words in s. 26(9) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206, Sch. 2 para. 40(3); S.S.I. 2010/413, art. 2, Sch. (with art. 3)

[^c21023221]: Pt. 2 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 103, 126(2), Sch. 5 para. 7(b)

[^c3075571]: Pt. II (ss. 21-27) restricted (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 15(2) Pt. II (ss. 21-27) restricted (1.4.1996) by 1998 c. 53, s. 33A (as inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 71(6) Pt. II (ss. 21-27) applied (with modifications) (1.5.1999) by S.I. 1999/675, art. 4, Sch. 3 paras. 2-7

[^c3075591]: S. 28 extended (E.W.) (17.4.2001) by S.I. 2001/953, art. 3(4)(a)(i)

[^c3075601]: S. 28(1) applied (1.12.1998) by 1982 c. 45, Sch. 2A par. para. 8 (as inserted by 1998 c. 37, s. 24(4), Sch. 1; S.I. 1998/2327, art. 4(1)(h)(j))

[^c8137181]: S. 28(1)(a) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(b), Sch. 12; S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c8137211]: S. 28(2) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(b), Sch. 12; S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c8138281]: Words in s. 28(5) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(b), Sch. 12; S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c8138901]: Words in s. 28(9) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1), Sch. 11 para. 28(5); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c8138291]: S. 29 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(c), Sch. 12; S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c3075621]: S. 30 extended (E.W.) (17.4.2001) by S.I. 2001/953, art. 3(4)(a)(i)

[^c8138331]: S. 31(2) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(d), Sch. 12; S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c8138351]: Words in s. 31(4) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(d), Sch. 12; S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

[^c21023241]: Words in s. 32(1) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(a)(i) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)

[^c21024571]: Words in s. 32(1)(a) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(a)(ii) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)

[^c21024611]: Words in s. 32(1)(b) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(a)(iii) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)

[^c3075631]: 1868 c.101.

[^c21024751]: Words in s. 32(2) repealed (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2009/67, art. 3, Sch. 2 (with arts. 4-6)

[^c21024761]: S. 32(3) repealed (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2009/67, art. 3, Sch. 2 (with arts. 4-6)

[^c21024971]: Words in s. 32(5) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(b) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)