[F119CActions for recovery of property for the purposes of an external orderS
(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 (External Requests and Orders) Order 2005 [F2(“the 2005 Order”)] (civil proceedings for the realisation of property to give effect to an external order).
(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 [F320 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,
(b)an application is made for a prohibitory property order, or
(c)an application is made for an interim administration order,
whichever is the earliest.
[F4(3A)If, before an event mentioned in subsection (3) occurs, an application is made for a prohibition order under Part 4B of the 2005 Order, proceedings under that Chapter are to be treated as having been commenced when that application is made.]
(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, or believed to have been obtained, as a result of or in connection with criminal 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, or believed to have been obtained, as a result of or in connection with criminal conduct which it represents is so obtained.
(5)In this section—
(a)“criminal conduct” is to be construed in accordance with section 447(8) of the Proceeds of Crime Act 2002, and
(b)expressions used in this section which are also used in Part 5 of [F5the 2005 Order] have the same meaning in this section as in that Part.]
Textual Amendments
F1S. 19C inserted (1.1.2006) by The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181), arts. 1, 201(2)
F2Words in s. 19C(1) inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 6(3)(a)
F3Words in s. 19C(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 62, 116(1); S.I. 2009/3096, art. 3(h)
F4S. 19C(3A) inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 6(3)(b)
F5Words in s. 19C(5)(b) substituted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 6(3)(c)