Civic Government (Scotland) Act 1982 (c. 45)

Extent Information

E1 Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).

Modifications etc. (not altering text)

C1 Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V

Commencement Information

I1 Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.

[Part VIIA S Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply

F1 86A Application of Part VIIA to property. S

(1) Subject to subsection (2) below, this Part of this Act applies to property to which, by virtue only of paragraph (a) or (b) of section 80(2) of this Act, Part VII of this Act does not apply.

(2) This Part of this Act does not apply to property—

(a) possession of which has passed to the prosecutor and is for the time being retained by him or, in accordance with arrangements made by him, by some person other than the chief constable or himself; or

(b) in respect of which a suspended forfeiture order or a restraint order has been—

(i) made and not recalled; or

(ii) applied for and not refused.

(3) In subsection (2) above, “suspended forfeiture order” and “restraint order” shall be construed in accordance with, respectively, [F2 section 21(2) of the Proceeds of Crime (Scotland) Act 1995 and Part 3 of the Proceeds of Crime Act 2002] .]

Textual Amendments

F1 Pt. VIIA (ss. 86A-86J) inserted (19.5.1997) by 1997 c. 30, ss. 6(4), 7(2)

F2 Words in s. 86A(3) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 12(2); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7)