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Prescription and Limitation (Scotland) Act 1973
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- UK Public General Acts
- 1973 c. 52
- Part II
- Section 19B
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Prescription and Limitation (Scotland) Act 1973, Section 19B is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(4A) inserted by 2018 asp 15 s. 4(3)
- s. 7(3)-(5) inserted by 2018 asp 15 s. 6(2)(b)
- s. 7A inserted by 2018 asp 15 s. 9(2)
- s. 8(1A)-(1C) inserted by 2018 asp 15 s. 7(3)
- s. 9(1)(e)-(h) inserted by 2018 asp 15 s. 10(2)(b)
- s. 9(2A) inserted by 2018 asp 15 s. 11(2)
- s. 9A inserted by 2018 asp 15 s. 12
- s. 13A inserted by 2018 asp 15 s. 14(2)
- s. 22A(3)(d)-(g) inserted by 2018 asp 15 s. 10(3)(b)
- s. 22A(7A) inserted by 2018 asp 15 s. 14(3)
- s. 32(2) applied (with modifications) by 2021 asp 9 s. 69(8)
- Sch. 1 para. 1(fa)(fb) inserted by 2018 asp 15 s. 2(2)
- Sch. 1 para. 1(h) inserted by 2018 asp 15 s. 3(2)(b)
- Sch. 1 para. 2(fa)-(fd) inserted by 2018 asp 15 s. 3(3)(b)
- Sch. 1 para. 1(d)(da) substituted for Sch. 1 para. 1(d) by 2018 asp 15 s. 1(2)
- Sch. 1 para. 2(e)(ea) substituted for Sch. 1 para. 2(e) by 2018 asp 15 s. 3(3)(a)
[F119B Actions for recovery of property obtained through unlawful conduct etc. S
(1)None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct).
(2)Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be commenced after the expiration of the period of [F220 years] from the date on which the Scottish Ministers’ right of action accrued.
(3)Proceedings under that Chapter are commenced when—
(a)the proceedings are served, or
[F3(aa)an application is made for a prohibitory property order, or]
(b)an application is made for an interim administration order,
whichever is the [F4earliest ].
(4)The Scottish Ministers’ right of action accrues in respect of any recoverable property—
(a)in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained,
(b)in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained.
[F5(4A)Subsection (4) is subject to section 13(5) of the Criminal Finances Act 2017 (which provides that, in the case of property obtained through unlawful conduct relating to a gross human rights abuse or violation, proceedings cannot be brought after the end of the period of 20 years from the date on which the conduct constituting the commission of the abuse or violation occurs).]
(5)Expressions used in this section and Part 5 of that Act have the same meaning in this section as in that Part.]
Textual Amendments
F1S. 19B inserted (24.2.2003) by 2002 c. 29, ss.288(2), 458(1); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
F2Words in s. 19B(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 62, 116(1); S.I. 2009/3096, art. 3(h)
F3S. 19B(3)(aa) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(7)(b), Sch. 6 para. 1(a); S.I. 2005/3136, art. 2(b)
F4Word in s. 19B(3) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(7)(b), Sch. 6 para. 1(b); S.I. 2005/3136, art. 2(b)
F5S. 19B(4A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 1; S.I. 2018/78, reg. 5(1)(a)
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