The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Value of tainted gifts

139.—(1) The value at any time (the material time) of a tainted gift is the greater of the following—

(a) the value (at time of the gift) of the property given, adjusted to take account of later changes in the value of money;

(b) the value (at the material time) of the property found under paragraph (2).

(2) The property found under this paragraph is as follows—

(a) if the recipient holds the property given, the property found under this paragraph is that property;

(b) if the recipient holds no part of the property given, the property found under this paragraph is any property which directly or indirectly represents it in his hands;

(c) if the recipient holds part of the property given, the property found under this paragraph is that part and any property which directly or indirectly represents the other part in his hands.

(3) The references in paragraph (1)(a) and (b) to the value are to the value found in accordance with article 138.