C1C2C3C4 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C2

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.

Interpretation

I1C2147C2 Value of tainted gifts

1

The value at any time (the material time) of a tainted gift is the greater of the following—

a

the value (at the time of the gift) of the property given, adjusted to take account of later changes in the value of money;

b

the value (at the material time) of the property found under subsection (2).

2

The property found under this subsection is—

a

if the recipient holds the property given, that property;

b

if the recipient holds no part of the property given, any property which directly or indirectly represents it in his hands;

c

if the recipient holds part of the property given, that part and any property which directly or indirectly represents the other part in his hands.

3

The references in subsection (1)(a) and (b) to the value are to the value found in accordance with section 145.