Part 5Civil recovery of the proceeds etc. of unlawful conduct
Chapter 4General
Recoverable property
309 Other exemptions
1
An order may provide that property is not recoverable or (as the case may be) associated property if—
a
it is prescribed property, or
b
it is disposed of in pursuance of a prescribed enactment or an enactment of a prescribed description.
2
An order may provide that if property is disposed of in pursuance of a prescribed enactment or an enactment of a prescribed description, it is to be treated for the purposes of section 278 as if it had been disposed of in pursuance of a recovery order.
3
An order under this section may be made so as to apply to property, or a disposal of property, only in prescribed circumstances; and the circumstances may relate to the property or disposal itself or to a person who holds or has held the property or to any other matter.
4
In this section, an order means an order made by the Secretary of State after consultation with the Scottish Ministers, and prescribed means prescribed by the order.