C2C4C3C1Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 applied by 1984 c. 60, s. 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch.)

C4

Pt. 2 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch.)

Interpretation

I1C3C178C3C1 Gifts and their recipients

1

If the defendant transfers property to another person for a consideration whose value is significantly less than the value of the property at the time of the transfer, he is to be treated as making a gift.

2

If subsection (1) applies the property given is to be treated as such share in the property transferred as is represented by the fraction—

a

whose numerator is the difference between the two values mentioned in subsection (1), and

b

whose denominator is the value of the property at the time of the transfer.

3

References to a recipient of a tainted gift are to a person to whom the defendant has made the gift.