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The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005

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Property

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38.—(1) In this Order—

(a)a reference to property is a reference to all property wherever situated and includes—

(i)money;

(ii)all forms of property, real or personal, heritable or moveable;

(iii)things in action and other intangible or incorporeal property;

(b)property is held by a person if he holds an interest in it;

(c)property is obtained by a person if he obtains an interest in it;

(d)property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

(e)references to property held by a person include references to property vested in his trustee in bankruptcy;

(f)references to property held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;

(g)references to an interest, in relation to land in England and Wales, are to any legal estate or equitable interest or power.

(2) References to an interest, in relation to property other than land, include references to a right (including a right to possession).

(3) Property is “relevant property” if there are reasonable grounds to believe that it may be needed to satisfy an external forfeiture order which has been made or which may be made.

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