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Version Superseded: 27/04/2017
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[F1(1)Property is free unless it falls within subsection (2) or (3).]
[F2(2)][F3Property 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 Sentencing Act (deprivation orders);
(e)section 23[F4 , 23A] or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);
(f)section [F5245A, ] 246, [F6255A, 256,] 266, 295(2) or 298(2) of this Act.
[F7(3)Property falls within this subsection if—
(a)it has been forfeited in pursuance of a forfeiture notice under section 297A;
(b)it is detained under section 297C or 297D.]
Textual Amendments
F1S. 82(1) inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 101(2); S.I. 2015/983, arts. 2(2)(e), 3(ff)
F2S. 82(2): s. 82 renumbered as s. 82(2) (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 101(3); S.I. 2015/983, arts. 2(2)(e), 3(ff)
F3Words in s. 82(2) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 101(4); S.I. 2015/983, arts. 2(2)(e), 3(ff)
F4Word in s. 82(e) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), s. 100(5), Sch. 3 para. 7(3) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F5Word in s. 82(f) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 5(a); S.I. 2005/3136, art. 3(c)
F6Words in s. 82(f) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 5(b); S.I. 2005/3136, art. 3(c)
F7S. 82(3) inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 101(5); S.I. 2015/983, arts. 2(2)(e), 3(ff)
Modifications etc. (not altering text)
C1Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
C2Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
C3Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
Commencement Information
I1S. 82 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
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