Part 8Investigations
Chapter 3Scotland
F3Unexplained wealth orders
396AUnexplained wealth orders
1
The Court of Session may, on an application made by the Scottish Ministers, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for the making of the order is fulfilled.
2
An application for an order must—
a
specify or describe the property in respect of which the order is sought, and
b
specify the person whom the Scottish Ministers think holds the property (“the respondent”) (and the person specified may include a person outside the United Kingdom).
F42A
In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom).
3
An unexplained wealth order is an order requiring the respondent F6or any responsible officer specified in the order (a “specified responsible officer”) to provide a statement—
a
setting out the nature and extent of the respondent's interest in the property in respect of which the order is made,
b
explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),
c
where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and
d
setting out such other information in connection with the property as may be so specified.
4
The order must specify—
a
the form and manner in which the statement is to be given,
b
the person to whom it is to be given, and
c
the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent.
5
6
The respondent F5or any specified responsible officer must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements).
F77
For the purposes of this Chapter, each of the following is a “responsible officer” of the respondent (in a case where the respondent is not an individual)—
a
any director of the respondent, including any person occupying the position of a director, by whatever name called;
b
any member of a body of the respondent equivalent to a board of directors;
c
any other manager, secretary or similar officer of the respondent;
d
where the respondent is a partnership, a partner or member of the partnership;
e
any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.
Ss. 396A-396I and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 4, 58(1)(6); S.I. 2018/78, reg. 3(a)