Textual Amendments
F1Pt. 5 Ch. 3A inserted (27.4.2017 for specified purposes, 31.10.2017 for the insertion of ss. 303G, 303H for E.W.S. so far as not already in force, 30.1.2018 for the insertion of s. 303E(4) for E.W.S. so far as not already in force, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 15, 58(1)(6); S.I. 2017/991, reg. 2(d); S.I. 2018/78, regs. 2(a), 4(b)
Modifications etc. (not altering text)
C1Pt. 5 Ch. 3A applied by 2007 c. 30, s. 24(1) (as substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f))
(1)Sections 303Q and 303R apply if—
(a)an application is made under section 303O in respect of property detained under this Chapter,
(b)the court or sheriff is satisfied that the property is a listed asset,
(c)the court or sheriff is satisfied that all or part of the property is recoverable property or intended by any person for use in unlawful conduct, and
(d)there exists property that is associated with the property in relation to which the court or sheriff is satisfied as mentioned in paragraph (c).
(2)Sections 303Q and 303R also apply in England and Wales and Northern Ireland if—
(a)an application is made under section 303O in respect of property detained under this Chapter,
(b)the court is satisfied that the property is a listed asset,
(c)the court is satisfied that all or part of the property is recoverable property, and
(d)the property in relation to which the court is satisfied as mentioned in paragraph (c) belongs to joint tenants and one of the tenants is an excepted joint owner.
(3)In this section and sections 303Q and 303R “associated property” means property of any of the following descriptions that is not itself the forfeitable property—
(a)any interest in the forfeitable property;
(b)any other interest in the property in which the forfeitable property subsists;
(c)if the forfeitable property is a tenancy in common, the tenancy of the other tenant;
(d)if (in Scotland) the forfeitable property is owned in common, the interest of the other owner;
(e)if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property.
References to property being associated with forfeitable property are to be read accordingly.
(4)In this section and sections 303Q and 303R the “forfeitable property” means the property in relation to which the court or sheriff is satisfied as mentioned in subsection (1)(c) or (2)(c) (as the case may be).]