The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

Application of Part II of the Act to assistance by way of representation: proceedings under the Proceeds of Crime (Scotland) Act 1995 and the Proceeds of Crime Act 2002

5.—(1) Any reference in paragraph (2)(a) to (h) to a numbered section is to a section bearing that number in the Proceeds of Crime (Scotland) Act 1995(1).

(2) Part II of the Act shall apply to assistance by way of representation in relation to–

(a) applications under section 5(3)(2) in relation to an application for property not to be treated as a gift;

(b) appeals under section 5(4) in relation to an appeal against a refusal of an application under section 5(3);

(c) applications under section 6(3) in relation to an application for property not to be treated as an implicative gift;

(d) appeals under section 6(4) in relation to an appeal against a refusal of an application under section 6(3);

(e) applications, by someone other than the accused, under section 18(7) in relation to a discharge or variation of an order under section 18(2);

(f) applications under section 25(3) in relation to a recall or variation of a suspended forfeiture order or section 26 in relation to property wrongly forfeited: return or compensation;

(g) appeals under section 27 in relation to an appeal against a court decision under section 25(1) or 26(1);

(h) applications under section 45(2)(b) in relation to the disposal of a family home where representations are made to the court by someone other than the accused; and

(i) representations made to the court under section 92 of the Proceeds of Crime Act 2002(4) by any person, other than the accused, who is likely to be affected by a confiscation order.

(1)

1995 c. 43.

(2)

Sections 5, 6 and 18 were modified by S.I. 1999/673.

(3)

Sections 25, 26, 27 and 45 were modified by S.I. 1999/675.

(4)

2002 c. 29.