Proceeds of Crime Act 2002

Proceeds of Crime (Scotland) Act 1995 (c. 43)

28 (1) The Proceeds of Crime (Scotland) Act 1995 is amended as follows.

(2) The following provisions in the Act shall cease to have effect—

(a) Part I, except section 2(7);

(b) in section 28, subsections (1)(a) and (2) and in subsection (5) the words “(including a restraint order made under and within the meaning of the 1994 Act)”;

(c) section 29;

(d) in section 31, subsection (2) and in subsection (4) the words “or (2)”;

(e) sections 35 to 39;

(f) in section 40, subsections (1)(a), (2) and (4);

(g) in section 42, subsections (1)(a) and (b);

(h) in section 43, in subsection (1) the words “, confiscation order” and subsection (2);

(i) in section 45, subsection (1)(a);

(j) section 47;

(k) in section 49, in subsection (1) the definitions of “the 1988 Act”, “the 1994 Act” and “confiscation order” and subsection (4).

(3) The following provisions in Schedule 1 to the Act shall cease to have effect—

(a) in paragraph 1(1)(b) the words “or a confiscation order”, in paragraph 1(2)(a) the words “subject to paragraph (b) below”, paragraph 1(2)(b) and in paragraph 1(3)(a)(i) the words “or confiscation order”;

(b) in paragraph 2(1)(a) the words “, and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made”;

(c) paragraph 4;

(d) in paragraph 5(1) the words “Part I of”;

(e) in paragraph 8(2) the words “, unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4)(b) above,”;

(f) in paragraph 10(1) the words “or the recipient of a gift caught by Part I of this Act or an implicative gift” and paragraphs 10(2) and 10(3);

(g) in paragraph 12(1)(a) the words “paragraph (a) or (b) of section 4(1) or”.

(4) The following provisions in Schedule 2 to the Act shall cease to have effect—

(a) in paragraph 1(2) the words “and 35 to 38”;

(b) in paragraph 2, in sub-paragraph (1) the words “realisable or”, in sub-paragraph (2) the words “and 35 to 38”, sub-paragraph (5).

(c) in paragraph 3(2) the words “and 35 to 38” and paragraphs 3(4) and (5);

(d) in paragraph 4(2) the words “and 35 to 38”;

(e) paragraph 6(2)(a).

(5) In section 28(9) (restraint orders) for “Subsections (2)(a) and” substitute “Subsection”.

(6) In section 42 (enforcement) in subsections (2)(a), (c) and (d) for “Part I,” substitute “Part”.