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, [F2section 21(2) of the Proceeds of Crime (Scotland) Act 1995 and Part 3 of the Proceeds of Crime Act 2002] .]
Textual Amendments
F1Pt. VIIA (ss. 86A-86J) inserted (19.5.1997) by 1997 c. 30, ss. 6(4), 7(2)
F2Words 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)