C1C2C5C6 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

I1C2150C2 Property: general provisions

1

Property is all property wherever situated and includes—

a

money;

b

all forms of property whether heritable or moveable and whether corporeal or incorporeal.

2

The following rules apply in relation to property—

C3a

property is held by a person if he holds an interest in it;

b

property is obtained by a person if he obtains an interest in it;

C4c

property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

C4d

references to property held by a person include references to his property vested in his permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)), trustee in bankruptcy or liquidator;

C4e

references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;

C4f

references to an interest, in relation to land in England, Wales or Northern Ireland, are to any legal estate or equitable interest or power;

C4g

references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;

h

references to an interest, in relation to property other than land, include references to a right (including a right to possession).