Part 3 Confiscation: Scotland
Restraint orders etc
125 Management administrators
1
If the court makes a restraint order it may at any time, on the application of the prosecutor—
a
appoint an administrator to take possession of any realisable property to which the order applies and (in accordance with the court’s directions) to manage or otherwise deal with the property;
b
order a person who has possession of property in respect of which an administrator is appointed to give him possession of it.
2
An appointment of an administrator may be made subject to conditions or exceptions.
3
Where the court makes an order under subsection (1)(b), the clerk of court must notify the accused and any person subject to the order of the making of the order.
4
Any dealing of the accused or any such person in relation to property to which the order applies is of no effect in a question with the administrator unless the accused or, as the case may be, that person had no knowledge of the administrator’s appointment.
5
The court—
a
may order a person holding an interest in realisable property to which the restraint order applies to make to the administrator such payment as the court specifies in respect of a beneficial interest held by the accused or the recipient of a tainted gift;
b
may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
6
The court must not—
a
confer the power mentioned in subsection (1) to manage or otherwise deal with the property, or
b
exercise the power conferred on it by subsection (5),
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
7
The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
8
Managing or otherwise dealing with property includes—
a
selling the property or any part of it or interest in it;
b
carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
c
incurring capital expenditure in respect of the property.
9
Subsections (1)(b) and (5) do not apply to property for the time being subject to a charge under—
a
section (9) of the Drug Trafficking Offences Act 1986 (c. 32);
b
section 78 of the Criminal Justice Act 1988 (c. 33);
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
d
section 27 of the Drug Trafficking Act 1994 (c. 37);
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).