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

C1Chapter 2Civil recovery in the High Court or Court of Session

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

Interim administration orders (Scotland)

I1261 Restrictions on dealing etc. with property

1

An interim administration order must, subject to any exclusions made in accordance with this section, prohibit any person to whose property the order applies from dealing with the property.

2

Exclusions may be made when the interim administration order is made or on an application to vary the order.

3

An exclusion may, in particular, make provision for the purpose of enabling any person—

a

to meet his reasonable living expenses, or

b

to carry on any trade, business, profession or occupation,

and may be made subject to conditions.

4

But an exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.

5

If the excluded property is not specified in the order it must be described in the order in general terms.

6

The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.