Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2Civil recovery in the High Court or Court of Session

Proceedings for recovery orders

245“Associated property”

(1)

Associated property” means property of any of the following descriptions (including property held by the respondent) which is not itself the recoverable property—

(a)

any interest in the recoverable property,

(b)

any other interest in the property in which the recoverable property subsists,

(c)

if the recoverable property is a tenancy in common, the tenancy of the other tenant,

(d)

if (in Scotland) the recoverable property is owned in common, the interest of the other owner,

(e)

if the recoverable property is part of a larger property, but not a separate part, the remainder of that property.

(2)

References to property being associated with recoverable property are to be read accordingly.

(3)

No property is to be treated as associated with recoverable property consisting of rights under a pension scheme (within the meaning of sections 273 to 275).