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Proceeds of Crime Act 2002, Section 117 is up to date with all changes known to be in force on or before 05 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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(1)If the amount required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether when the order is made or within a period specified under section 116), he must pay interest on the amount for the period for which it remains unpaid.
(2)The rate of interest is the rate payable under a decree of the Court of Session.
(3)For the purposes of this section no amount is required to be paid under a confiscation order if—
(a)an application has been made under section 116(4),
(b)the application has not been determined by the court, and
(c)the period of 12 months starting with the day on which the confiscation order was made has not ended.
(4)In applying this Part the amount of the interest must be treated as part of the amount to be paid under the confiscation order.
Modifications etc. (not altering text)
C1Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
C2Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)
C3Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)
C4S. 117 excluded (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(6)
Commencement Information
I1S. 117 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)
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