C4C6C5C1C7C3C2 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C6

Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

C7

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Interpretation

I1C6145C6 Value: the basic rule

1

This section applies for the purpose of deciding the value at any time of property then held by a person.

2

Its value is the market value of the property at that time.

3

But if at that time another person holds an interest in the property its value, in relation to the person mentioned in subsection (1), is the market value of his interest at that time ignoring any charging order under a provision listed in subsection (4).

4

The provisions are—

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. 199/2588 (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)).

5

This section has effect subject to sections 146 and 147.