Valid from 19/05/1997

[Part VIIA S Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply

F1 86A Application of Part VIIA to property. S

(1) Subject to subsection (2) below, this Part of this Act applies to property to which, by virtue only of paragraph (a) or (b) of section 80(2) of this Act, Part VII of this Act does not apply.

(2) This Part of this Act does not apply to property—

(a) possession of which has passed to the prosecutor and is for the time being retained by him or, in accordance with arrangements made by him, by some person other than the chief constable or himself; or

(b) in respect of which a suspended forfeiture order or a restraint order has been—

(i) made and not recalled; or

(ii) applied for and not refused.

(3) In subsection (2) above, “suspended forfeiture order” and “restraint order” shall be construed in accordance with, respectively, sections 21(2) and 28(1) of the M1 Proceeds of Crime (Scotland) Act 1995.]

Textual Amendments

F1 Pt. VIIA (ss. 86A-86J) inserted (19.5.1997) by 1997 c. 30, ss. 6(4), 7(2)

Marginal Citations

M1 1995 c. 43.