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Proceeds of Crime (Scotland) Act 1995

1995 CHAPTER 43

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Confiscation of the Proceeds of Crime

    1. Confiscation orders

      1. 1. General provision.

      2. 2. Benefit from commission of offence.

      3. 3. Assessing the proceeds of drug trafficking.

      4. 4. Realisable property.

      5. 5. Gifts caught by Part I.

      6. 6. Implicative gifts.

      7. 7. Gifts: valuation.

      8. 8. Making of confiscation orders.

      9. 9. Statements relevant to making confiscation orders.

      10. 10. Postponed confiscation orders.

      11. 11. Increase in benefit or realisable property.

      12. 12. Realisable property inadequate to meet payments under confiscation order.

      13. 13. Confiscation orders where proceeds of crime discovered at later date.

      14. 14. Application of provisions relating to fines to enforcement of confiscation orders.

      15. 15. Interest on sums unpaid under confiscation orders.

    2. Exercise of powers

      1. 16. Exercise of powers by court or administrator.

    3. Compensation

      1. 17. Compensation.

    4. Investigation and disclosure of information

      1. 18. Order to make material available.

      2. 19. Authority for search.

      3. 20. Disclosure of information held by government departments.

  2. Part II

    Forfeiture of Property used in Crime

    1. 21. Suspended forfeiture order.

    2. 22. Forfeiture: district court.

    3. 23. Warrant to search for and seize property.

    4. 24. Forfeiture of property subject to suspended forfeiture order.

    5. 25. Recall or variation of suspended forfeiture order.

    6. 26. Property wrongly forfeited: return or compensation.

    7. 27. Appeal against court decision under section 25(1) or 26(1).

  3. Part III

    Restraint Orders

    1. 28. Restraint orders.

    2. 29. Restraint orders in relation to realisable property.

    3. 30. Restraint orders in relation to forfeitable property.

    4. 31. Variation and recall of restraint orders.

    5. 32. Inhibition of property affected by restraint order or by interdict.

    6. 33. Arrestment of property affected by restraint order.

    7. 34. Administrators.

  4. Part IV

    Reciprocal Arrangements for Enforcement of Orders

    1. 35. Recognition and enforcement of orders made in England and Wales.

    2. 36. Provisions supplementary to section 35.

    3. 37. Inhibition of Scottish property affected by order registered under section 35.

    4. 38. Arrestment of Scottish property affected by order registered under section 35.

    5. 39. Enforcement of Northern Ireland orders.

    6. 40. Enforcement of orders made outside United Kingdom.

    7. 41. Registration of external confiscation orders.

    8. 42. Enforcement of Scottish orders in England and Wales.

    9. 43. Order in Council as regards taking of action in designated country.

  5. Part V

    Miscellaneous and General

    1. 44. Sequestration etc of person holding realisable or forfeitable property.

    2. 45. Disposal of family home under Part I or II.

    3. 46. Forfeiture of property where accused has died.

    4. 47. Construction of certain enactments.

    5. 48. Service and notice.

    6. 49. Interpretation.

    7. 50. Short title, commencement and extent.

    1. Schedule 1

      Administrators.

    2. Schedule 2

      Sequestration etc. of Persons Holding Realisable or Forfeitable Property.

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]

Be 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:—