C1C2C3Part 4Confiscation: Northern Ireland
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Interpretation
I1C2232C2 Property: general provisions
1
Property is all property wherever situated and includes—
a
money;
b
all forms of real or personal property;
c
things in action and other intangible or incorporeal property.
2
The following rules apply in relation to property—
C4a
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;
C5c
property is transferred by one person to another if the first one transfers or grants an interest in it to the second;
C5d
references to property held by a person include references to property vested in his trustee in bankruptcy, permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)) or liquidator;
C5e
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;
C5f
references to an interest, in relation to land in Northern Ireland or England and Wales, are to any legal estate or equitable interest or power;
C5g
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).
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)