- Latest available (Revised)
- Original (As enacted)
Civic Government (Scotland) Act 1982, Section 27K is up to date with all changes known to be in force on or before 11 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A forfeiture order under section 27J(2) operates to deprive the offender of any rights he has in the property to which it relates.
(2)The property to which a forfeiture order relates must be taken into the possession of the police.
(3)The court by which the offender is convicted may, on the application of a person who—
(a)claims property to which a forfeiture order relates; but
(b)is not the offender from whom it was forfeited,
make an order (a “recovery order”) for delivery of the property to the applicant if it appears to the court that he owns it.
(4)An application under subsection (3) must be made—
(a)in such manner as may be prescribed by Act of Adjournal; and
(b)before the end of the period of 6 months beginning with the date on which the forfeiture order was made.
(5)An application may be granted only if the applicant satisfies the court that—
(a)he had not consented to the offender's having possession of the property; or
(b)he did not know, and had no reason to suspect, that the offence was likely to be committed.
(6)If a person has a right to recover property which, by virtue of a recovery order, is in the possession of another, that right—
(a)is not affected by the making of the recovery order at any time before the end of the period of 6 months beginning with the day on which the order is made;
(b)is lost at the end of that period.
(7)The Scottish Ministers may by order make provision for or in connection with the disposal of property forfeited under a forfeiture order in cases where—
(a)no application under subsection (3) has been made before the end of the 6 month period beginning with the day on which the forfeiture order was made; or
(b)no such application has succeeded.
(8)An order under subsection (7) may in particular make provision for—
(a)dealing with any proceeds from the disposal;
(b)investing money; and
(c)auditing accounts.]
Textual Amendments
F1Ss. 27A-27S and cross-heading inserted (1.11.2007 for specified purposes, 1.6.2009 for specified purposes, 1.9.2009 for specififed purposes, 1.6.2010 in so far as not already in force) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 58, 67(2); S.S.I. 2007/431, art. 3, sch., S.S.I. 2009/197, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: