Proceeds of Crime (Scotland) Act 1995
Proceeds of Crime (Scotland) Act 1995 (1995 c. 43)
- Proceeds of Crime (Scotland) Act 1995 (1995 c. 43)
- PART I Confiscation of the Proceeds of Crime
- Confiscation orders
- 1 General provision.
- 2 Benefit from commission of offence
- 3 Assessing the proceeds of drug trafficking.
- 4 Realisable property.
- 5 Gifts caught by Part I.
- 6 Implicative gifts.
- 7 Gifts: valuation.
- 8 Making of confiscation orders.
- 9 Statements relevant to making confiscation orders.
- 10 Postponed confiscation orders.
- 11 Increase in benefit or realisable property.
- 12 Realisable property inadequate to meet payments under confiscation order.
- 13 Confiscation orders where proceeds of crime discovered at later date.
- 14 Application of provisions relating to fines to enforcement of confiscation orders.
- 15 Interest on sums unpaid under confiscation orders.
- Exercise of powers
- 16 Exercise of powers by court or administrator.
- Compensation
- 17 Compensation.
- Investigation and disclosure of information
- 18 Order to make material available.
- 19 Authority for search.
- 20 Disclosure of information held by government departments.
- PART II Forfeiture of Property used in Crime
- 21 Suspended forfeiture order.
- 22 Forfeiture: district court.
- 23 Warrant to search for and seize property.
- 24 Forfeiture of property subject to suspended forfeiture order.
- 25 Recall or variation of suspended forfeiture order.
- 26 Property wrongly forfeited: return or compensation.
- 27 Appeal against court decision under section 25(1) or 26(1).
- PART III Restraint Orders
- 28 Restraint orders.
- 29 Restraint orders in relation to realisable property.
- 30 Restraint orders in relation to forfeitable property.
- 31 Variation and recall of restraint orders.
- 32 Inhibition of property affected by restraint order or by interdict.
- 33 Arrestment of property affected by restraint order.
- 34 Administrators.
- PART IV Reciprocal Arrangements for Enforcement of Orders
- 35 Recognition and enforcement of orders made in England and Wales.
- 36 Provisions supplementary to section 35.
- 37 Inhibition of Scottish property affected by order registered under section 35.
- 38 Arrestment of Scottish property affected by order registered under section 35.
- 39 Enforcement of Northern Ireland orders.
- 40 Enforcement of orders made outside United Kingdom.
- 41 Registration of external confiscation orders.
- 42 Enforcement of Scottish orders in England and Wales.
- 43 Order in Council as regards taking of action in designated country.
- PART V Miscellaneous and General
- 44 Sequestration etc of person holding realisable or forfeitable property.
- 45 Disposal of family home under Part I or II.
- 46 Forfeiture of property where accused has died.
- 47 Construction of certain enactments.
- 48 Service and notice.
- 49 Interpretation.
- 50 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Administrators
- Appointment of administrators
- Functions of administrators
- Money received by administrator
- Application of proceeds of realisation and other sums
- Supervision of administrators
- Accounts and remuneration of administrator
- Effect of appointment of administrator on diligence
- Further provision as to administrators
- Discharge of administrator
- Compensation
- Rules of court as regards accountant of court’s supervision etc of administrators
- Power to facilitate realisation
- SCHEDULE 2 Sequestration etc. of Persons Holding Realisable or Forfeitable Property
- Sequestration of person holding realisable or forfeitable property
- Bankruptcy in England and Wales of person holding realisable or forfeitable property
- Winding up of company holding realisable or forfeitable property
- Property subject to floating charge
- Insolvency practitioners dealing with property subject to restraint order
- Interpretation
- Notes:
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