82 Free propertyE+W
This section has no associated Explanatory Notes
[(1)Property is free unless it falls within subsection (2) or (3).]
[(2)][Property falls within this subsection if] an order is in force in respect of it under any of these provisions—
(a)section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);
(b)Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);
(c)Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);
(d)section 143 of [the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 4 of Part 7 of the Sentencing Code] (deprivation orders);
(e)section 23 [, 23A] or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);
[(ea)paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) [, 10Z2(3), 10Z7AG(1), 10Z7BB(2), 10Z7CA(3), 10Z7CE(3) or 10Z7DG(3)] of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;]
(f)section [245A, ] 246, [255A, 256,] 266, 295(2) [, 298(2), 303L(1), 303O(3), 303R(3), 303Z3 [, 303Z14(4), 303Z32(1), 303Z37(2), 303Z41(4), 303Z45(3) or 303Z60(4)]] of this Act.
[(3)Property falls within this subsection if—
(a)it has been forfeited in pursuance of a forfeiture notice under section 297A [or an account forfeiture notice under section 303Z9];
(b)it is detained under section 297C [, 297D [, 298(4) or 303O(9)]].]
[(ba)it is detained under section 303Z30, 303Z31 or 303Z32 in a case where section 303Z42(2) applies;
(bb)it is detained under section 303Z57 or 303Z58 in a case where section 303Z60(6) applies;]
[(c)it is the forfeitable property in relation to an order under section 303Q(1) [or 303Z44(1)].]
[(d)it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule;
(e)it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule;
[(ea)it is detained under paragraph 10Z7AE, 10Z7AF or 10Z7AG of that Schedule in a case where paragraph 10Z7CB(2) of that Schedule applies;
(eb)it is detained under paragraph 10Z7DD or 10Z7DE of that Schedule in a case where paragraph 10Z7DG(5) of that Schedule applies;]
(f)it is the forfeitable property in relation to an order under paragraph 10I(1) [or 10Z7CD(1)] of that Schedule.]
Textual Amendments
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