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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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Changes over time for: Section 19B
Version Superseded: 25/01/2010
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- 01/01/2006- Amendment
- 22/04/2009
Point in time - 25/01/2010- Amendment
- 27/04/2017- Amendment
- 31/01/2018- Amendment
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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 13 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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[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 twelve 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
[F2(aa)an application is made for a prohibitory property order, or]
(b)an application is made for an interim administration order,
whichever is the [F3earliest ].
(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.
(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)
F2S. 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)
F3Word 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)
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