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

Article 85

SCHEDULE 1 ADMINISTRATORS (SCOTLAND): FURTHER PROVISION

General

1.  In this Schedule, unless otherwise expressly provided—

(a) references to an administrator are to an administrator appointed under article 63 or 73(2);

(b) references to realisable property are to the realisable property in respect of which the administrator is appointed; and

(c) references to specified property are to the specified property in respect of which the administrator is appointed.

Appointment etc

2.—(1) If the office of administrator is vacant, for whatever reason, the court must appoint a new administrator.

(2) Any property vested in the previous administrator by virtue of paragraph 5(4) vests in the new administrator.

(3) Any order under article 63, 74(3) or 75(3) in relation to the previous administrator applies in relation to the new administrator when he gives written notice of his appointment to the person subject to the order.

(4) The administration of property by an administrator must be treated as continuous despite any temporary vacancy in that office.

(5) The appointment of an administrator is subject to such conditions as to caution as the accountant of court may impose.

(6) The premium of any bond of caution or other security required by such conditions must be treated as part of the administrator’s expenses in the exercise of his functions.

Functions

3.—(1) An administrator—

(a) may, if appointed under article 63; and

(b) must, if appointed under article 73(2), as soon as practicable take possession of the realisable property or specified property, as the case may be, and of the documents mentioned in sub-paragraph (2).

(2) Those documents are any document which—

(a) is in the possession or control of the person (“A”) in whom the property is vested (or would be vested but for an order made under paragraph 5(4)); and

(b) relates to the property or to A’s assets, business or financial affairs.

(3) An administrator is entitled to have access to, and to copy, any document relating to the property or to A’s assets, business or financial affairs ad not falling within sub-paragraph (2)(a).

(4) An administrator may bring, defend or continue any legal proceedings relating to the property.

(5) An administrator may borrow money so far as it is necessary to do so to safeguard the property and may for the purposes of such borrowing create a security over any part of the property.

(6) An administrator may, if he considers that it would be beneficial for the management or realisation of the property—

(a) carry on any business of A;

(b) exercise any right of A as holder of securities in a company;

(c) grant a lease of the property or take on lease any other property;

(d) enter into any contract, or execute any deed, as regards the property or as regards A’s business.

(7) An administrator may, where any right, option or other power forms part of A’s estate, make payments or incur liabilities with a view to—

(a) obtaining property which is the subject of; or

(b) maintaining,

the right, option or power.

(8) An administrator may effect or maintain insurance policies as regards the property on A’s business.

(9) An administrator may, if appointed under article 73(2), complete any uncompleted title which A has to any heritable estate; but completion of title in A’s name does not validate by accretion any unperfected right in favour of any person other than the administrator.

(10) An administrator may sell, purchase or exchange property or discharge any security for an obligation due to A; but it is incompetent for the administrator or an associate of his (within the meaning of section 74 of the Bankruptcy (Scotland) Act 1985(1)) to purchase any of A’s property in pursuance of this sub-paragraph.

(11) An administrator may claim, vote and draw dividends in the sequestration of the estate for bankruptcy or liquidation) of a debtor of A and may accede to a voluntary trust deed for creditors of such a debtor.

(12) An administrator may discharge any of his functions through agents or employees, but is personally liable to meet the fees and expenses of any such agent or employee out of which remuneration as is payable to the administrator on a determination by the accountant of court.

(13) An administrator may take such professional advice as he considers necessary in connection with the exercise of his functions.

(14) An administrator may at any time apply to the court for directions as regards the exercise of his functions.

(15) An administrator may exercise any power specifically conferred on him by the court, whether conferred on his appointment or subsequently.

(16) An administrator may—

(a) enter any premises;

(b) search for or inspect anything authorised by the court;

(c) make or obtain a copy, photograph or other record of anything so authorised;

(d) remove anything which the administrator is required or administered to take possession of in pursuance of an order of the court.

(17) An administrator may do anything incidental to the powers and duties listed in the previous provisions of this paragraph.

Consent of accountant of court

4.  An administrator proposing to exercise any power conferred by paragraph 3(4) to (7) must first obtain the consent of the accountant of court.

Dealings in good faith with administrator

5.—(1) A person dealing with an administrator in good faith and for value is not concerned to enquire whether the administrator is acting within the powers mentioned in paragraph 3.

(2) Sub-paragraph (1) does not apply where the administrator or an associate purchases property in contravention of paragraph 3(10).

(3) The validity of any title is not challengeable by reason only of the administrator having acted out with the powers mentioned in paragraph 3.

(4) The exercise of a power mentioned in paragraph 3(4) to (11) must be in A’s name except where and in so far as an order made by the court under this sub-paragraph vests the property in the administrator (or in a previous administrator).

(5) The court may make an order under sub-paragraph (4) on the application of the administrator or on its own motion.

Money received by administrator

6.—(1) All money received by an administrator in the exercise of his functions must be deposited by him, in the name (unless vested in the administrator by virtue of paragraph 5(4)) of the holder of the property realised, in an appropriate bank or institution.

(2) But the administrator may at any time retain in his hands a sum not exceeding £200 or such other sum as may be prescribed by the Scottish Ministers by regulations.

(3) In sub-paragraph (1), “appropriate bank or institution” means a bank or institution mentioned in section 3(1) of the Banking Act 1987(2) or for the time being specified in Schedule 2 to that Act.

Effect of appointment of administrator on diligence

7.—(1) An arrestment or poinding of realisable property or specified property, as the case may be, executed on or after the appointment of an administrator does not create a preference for the arrester or poinder.

(2) Any realisable property or specified property so arrested or poinded, or (if the property has been sold) the proceeds of sale, must be handed over to the administrator.

(3) A poinding of the ground in respect of realisable property or specified property on or after such appointment is ineffectual in a question with the administrator except for the interest mentioned in sub-paragraph (4).

(4) That interest is—

(a) interest on the debt of a secured creditor for the current half-yearly term; and

(b) arrears of interest on that debt for one year immediately before the commencement of that term.

(5) On and after such appointment no other person may raise or insist in an adjudication against realisable property or specified property or be confirmed as executor – creditor on that property.

(6) An inhibition on realisable property or specified property which takes effect on or after such appointment does not create a preference for the inhibitor in a question with the administrator.

(7) This paragraph is without prejudice to articles 61 and 62.

(8) In this paragraph, the reference to an administrator is to an administrator appointed under article 73(2).

Supervision

8.  If the accountant of court reports to the court that an administrator has failed to perform any duty imposed on him, the court may, after giving the administrator an opportunity to be heard as regards the matter—

(a) remove him from office;

(b) censure him; or

(c) make such order as it thinks fit.

(2) Section 6 of the Judicial Factors (Scotland) Act 1889(3) does not apply in relation to an administrator.

Accounts and remuneration

9.—(1) Not later than two weeks after the issuing of any determination by the accountant of court as to the remuneration and expenses payable to the administrator, the administrator or the Lord Advocate may appeal against it to the court.

(2) The amount of remuneration payable to the administrator must be determined on the basis of the value of the work reasonably undertaken by him, regard being had to the extent of the responsibilities involved.

(3) The accountant of court may authorise the administrator to pay without taxation an account in respect of legal services incurred by the administrator.

Discharge of administrator

10.—(1) After an administrator has lodged his final accounts under paragraph 9(1), he may apply to the accountant of court to be discharged from office.

(2) A discharge, if granted, frees the administrator from all liability (other than liability arising from fraud) in respect of any act or omission of his in exercising his functions as administrator.

Articles 152 and 168

SCHEDULE 2 POWERS OF INTERIM RECEIVER OR ADMINISTRATOR

Seizure

1.  Power to seize property to which the order applies.

Information

2.—(1) Power to obtain information or to require a person to answer any question.

(2) A requirement imposed in the exercise of the power has effect in spite of any restriction on the disclosure of information (however imposed).

(3) An answer given by a person in pursuance of such a requirement may not be used in evidence against him in criminal proceedings.

(4) Sub-paragraph (3) does not apply—

(a) on a prosecution for an offence under section 5 of the Perjury Act 1911(4), section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995(5) or Article 10 of the Perjury (Northern Ireland) Order 1979(6) (false statements), or

(b) on a prosecution for some other offence where, in giving evidence, he makes a statement inconsistent with it.

(5) But an answer may not be used by virtue of sub-paragraph (4)(b) against a person unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by him or on his behalf in the proceedings arising out of the prosecution.

Entry, search, etc.

3.—(1) Power to—

(a) enter any premises in the United Kingdom to which the interim receiving order applies, and

(b) take any of the following steps.

(2) Those steps are—

(a) to carry out a search for or inspection of anything described in the order,

(b) to make or obtain a copy, photograph or other record of anything so described,

(c) to remove anything which he is required to take possession of in pursuance of the order or which may be required as evidence in the proceedings under Chapter 2 of Part 5.

(3) The order may describe anything generally, whether by reference to a class or otherwise.

Supplementary

4.—(1) An order making any provision under paragraph 2 or 3 must make provision in respect of legal professional privilege (in Scotland, legal privilege within the meaning of Chapter 3 of Part 8 of the Act).

(2) An order making any provision under paragraph 3 may require any person—

(a) to give the interim receiver or administrator access to any premises which he may enter in pursuance of paragraph 3,

(b) to give the interim receiver or administrator any assistance he may require for taking the steps mentioned in that paragraph.

Management

5.—(1) Power to manage any property to which the order applies.

(2) Managing property includes—

(a) selling or otherwise disposing of assets comprised in the property which are perishable or which ought to be disposed of before their value diminishes,

(b) where the property comprises assets of a trade or business, carrying on, or arranging for another to carry on, the trade or business,

(c) incurring capital expenditure in respect of the property.

Article 178

SCHEDULE 3 POWERS OF TRUSTEE FOR CIVIL RECOVERY

Sale

1.  Power to sell the property or any part of it or interest in it.

Expenditure

2.  Power to incur expenditure for the purpose of—

(a) acquiring any part of the property, or any interest in it, which is not vested in him,

(b) dscharging any liabilities, or extinguishing any rights, to which the property is subject.

Management

3.—(1) Power to manage property.

(2) Managing property includes doing anything mentioned in paragraph 5(2) of Schedule 1.

Legal proceedings

4.  Power to start, carry on or defend any legal proceedings in respect of the property.

Compromise

5.  Power to make any compromise or other arrangement in connection with any claim relating to the property.

Supplementary

6.—(1) For the purpose of, or in connection with, the exercise of any of his powers—

(a) power by his official name to do any of the things mentioned in sub-paragraph (2),

(b) power to do any other act which is necessary or expedient.

(2) Those things are—

(a) holding property,

(b) entering into contracts,

(c) suing and being sued,

(d) employing agents,

(e) executing a power of attorney, deed or other instrument.

Articles 184 and 186

SCHEDULE 4 RECOVERY FROM PENSION SCHEMES

Interpretation

1.  In this Schedule—

“destination arrangement” means a pension arrangement under which some or all of the rights are derived, directly or indirectly, from a pension sharing transaction;

“pension recovery order” means a recovery order made by virtue of article 184(2);

“pension sharing transaction” means an order or provision falling within section 28(1) of the Welfare Reform and Pensions Act 1999(7) (activation of pension sharing) or article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(8) (activation of pension sharing);

“relevant person” means the person whose rights under a pension scheme are the subject of a pension recovery order; and

“valuation date” means a date within the period prescribed by paragraph 5 in respect of which the trustees or managers of the pension scheme decide to value the relevant person’s pension rights in accordance with paragraph 2 or 3.

Calculation and verification of the value of rights under pension schemes

2.—(1) This paragraph applies where the High Court or the Court of Session makes a pension recovery order, other than in respect of rights derived from a pension sharing transaction under a destination arrangement in a pension scheme.

(2) The trustees or managers of the pension scheme in respect of which the pension recovery order has been made must calculate and verify the cash equivalent of the value at the valuation date of the rights which are the subject of the pension recovery order and must pay to the trustee for civil recovery a sum equal to that cash equivalent.

(3) In relation to the calculation and verification by the trustees or managers of the cash equivalent referred to in sub-paragraph (2)—

(a) in the case of a pension scheme wholly or mainly administered in England and Wales, regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000(9) (information about pensions and divorce: valuation of pension benefits), except paragraph (2) thereof, shall have effect as it has effect for the valuation of benefits in connection with the supply of information in connection with domestic and overseas divorce etc. in England and Wales, with the modification that for “the date on which the request for valuation was received” in each place where it appears in that regulation, there shall be substituted “the valuation date for the purposes of Schedule 4 to the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005”;

(b) in the case of a pension scheme wholly or mainly administered in Scotland, regulation 3 of the Divorce etc. (Pensions) (Scotland) Regulations 2000(10) (valuation), except paragraph (11) thereof, shall have effect as it has effect for the valuation of benefits in connection with the supply of information in connection with divorce in Scotland, with the modification that for “the relevant date” in each place where it appears in that regulation, there shall be substituted “the valuation date for the purposes of Schedule 4 to the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005”; and

(c) in the case of a pension scheme wholly or mainly administered in Northern Ireland, regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000(11) (information about pensions on divorce: valuation of pension benefits), except paragraph (2) thereof, shall have effect as it has effect for the valuation of benefits in connection with the supply of information in connection with domestic and overseas divorce etc. in Northern Ireland, with the modification that, for “the date on which the request for the valuation was received” in each place where it appears in that regulation, there shall be substituted “the valuation date for the purposes of Schedule 4 to the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005.”

Calculation and verification of the value of rights under destination arrangements

3.—(1) This paragraph applies where the High Court or the Court of Session makes a pension recovery order in respect of rights derived from a pension sharing transaction under a destination arrangement in a pension scheme.

(2) The trustees or managers of the pension scheme in respect of which the pension recovery order has been made must calculate and verify the cash equivalent of the value at the valuation date of the rights which are the subject of the pension recovery order and must pay to the trustee for civil recovery a sum equal to that cash equivalent.

(3) In relation to the calculation and verification by the trustees or managers of the cash equivalent referred to in sub-paragraph (2)—

(a) in the case of a pension arrangement in a scheme that is wholly or mainly administered in either England and Wales or Scotland, regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations 2000(12) (manner of calculation and verification of cash equivalents) shall have effect as it has effect for the calculation and verification of pension credit for the purposes of those Regulations; and

(b) in the case of a pension arrangement in a scheme that is wholly or mainly administered in Northern Ireland, regulation 24 of the Pension Sharing (Pension Credit and Benefit) Regulations (Northern Ireland) 2000(13) (manner of calculation and verification of cash equivalents) shall have effect as it has effect for the calculation and verification of pension credit for the purposes of those Regulations.

Approval of manner of calculation and verification of the value of rights

4.—(1) This paragraph applies where the relevant person is also a trustee or manager of the pension scheme in respect of which the pension recovery order has been made.

(2) When the trustees or managers of the pension scheme have, under paragraph 2 or 3, calculated and verified the value of the rights which are the subject of a pension recovery order, the manner in which the trustees or managers have calculated and verified the value of the rights must be approved by—

(a) a Fellow of the Institute of Actuaries(14); or

(b) a Fellow of the Faculty of Actuaries(15).

(3) Where the person referred to in sub-paragraph (2) is not able to approve the manner in which the trustees or managers have calculated and verified the value of the rights which are the subject of a pension recovery order, he must give notice in writing of that fact to the trustee for civil recovery and the trustees or managers of the scheme.

(4) Where the trustees or managers of the scheme have been given notice under sub-paragraph (3), they must re-calculate and re-verify the value of the rights which are the subject of a pension recovery order for the purposes of paragraph 2 or 3.

Time for compliance with a pension recovery order

5.—(1) In this paragraph, “the prescribed period” means the period prescribed for the purposes of article 184(2)(a).

(2) Subject to sub-paragraphs (3) and (4), the prescribed period is the period of 60 days beginning on the day on which the pension recovery order is made.

(3) Where an application for permission to appeal the pension recovery order is made within the period referred to in sub-paragraph (2), the prescribed period is the period of 60 days beginning on—

(a) the day on which permission to appeal is finally refused;

(b) the day on which the appeal is withdrawn; or

(c) the day on which the appeal is dismissed,

as the case may be.

(4) Where the person referred to in paragraph 4(2) gives notice, in accordance with paragraph 4(3) and within the period referred to in sub-paragraph (2), to the trustee for civil recovery and trustees or managers of the scheme that he is unable to approve the manner in which the trustees or managers have calculated the value of the rights which are the subject of the pension recovery order, the prescribed period is the period of 60 days beginning on the day on which such notice is given.

Article 206

SCHEDULE 5 PRESCRIBED ENACTMENTS – PROPERTY WHICH IS NOT RECOVERABLE PROEPRTY

• Section 31 of the Salmon Fisheries (Scotland) Act 1868(16) (forfeiture of articles found in possession of any offender).

• Section 8 of the Diseases of Fish Act 1937(17) (penalties and legal proceedings).

• Sections 19 and 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951(18).

• Section 138 of the Army Act 1955(19) (restitution or compensation for theft etc.) (including where it has effect by virtue of paragraph 17 of Schedule 3 to the Armed Forces Act 1976(20)), in circumstances other than where the disposal is of money which is paid as or towards compensation under section 138(5) of that Act or the disposal is the restitution of property given in exchange under section 138(6) of that Act.

• Section 138 of the Air Force Act 1955(21) (restitution or compensation for theft etc.) in circumstances other than where the disposal is of money is paid as or towards compensation under section 138(5) of that Act or the disposal is the restitution of property given in exchange under section 138(6) of that Act.

• Section 76 of the Naval Discipline Act 1957(22) (restitution or compensation on conviction of larceny etc.), in circumstances other than where the disposal is the restitution of property given in exchange under section 76(2)(a) of that Act or the disposal is of money which is paid as or towards compensation under section 76(2)(b) or (3) of that Act.

• Section 3 of the Obscene Publications Act 1959(23) (powers of search and seizure).

• Section 11(2) of the Sea Fish (Conservation) Act 1967(24) (penalties for offences).

• Section 46(4) of the Courts-Martial (Appeals) Act 1968(25) (restitution of property), in circumstances where if the order had been made by the court-martial or Defence Council this Order would have provided that the property was not recoverable or (as the case may be) associated property.

• Section 52 of the Firearms Act 1968(26) (forfeiture and disposal of firearms).

• Section 27 of the Misuse of Drugs Act 1971(27) (forfeiture).

• Sections 7 and 24 of the Forgery and Counterfeiting Act 1981(28) (powers of search, forfeiture etc.).

• Section 4(4) of the Inshore Fishing (Scotland) Act 1984(29).

• Section 25 of the Public Order Act 1986(30) (power to order forfeiture).

• Section 66 of the Criminal Justice and Public Order Act 1994(31) (power of court to forfeit sound equipment) in the circumstances where no order is made under section 66(5) by virtue of section 66(6) of that Act for the delivery of property to a person appearing to be the owner of the property.

• Section 43 of the Drug Trafficking Act 1994(32) (forfeiture).

• Section 22 of the Proceeds of Crime (Scotland) Act 1995(33) (forfeiture: district court).

• Section 24 of the Proceeds of Crime (Scotland) Act 1995 (forfeiture of property subject to suspended forfeiture order), in the circumstances where no order is made under section 26 of that Act in relation to the property.

• Paragraph 3 of the Schedule to the Noise Act 1996(34) (forfeiture), in the circumstances where no order is made under paragraph 4 of that Schedule for the delivery of the equipment to a person appearing to be the owner of the equipment.

• Section 6 of the Knives Act 1997(35) (forfeiture of knives and publications), in the circumstances where no order is made under section 7 of that Act for the delivery of property to a person appearing to be the owner of the property.

• Section 143 of the Powers of Criminal Courts (Sentencing) Act 2000(36) (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1897(37), as applied by section 144 of the Powers of Criminal Courts (Sentencing) Act 2000, for the delivery of the property to a person appearing to be the owner of the property.

• Section 23 of the Terrorism Act 2000(38) (forfeiture).

• Section 6 of the Royal Parks (Trading) Act 2000(39) (seizure, retention, disposal and forfeiture of property).

• Paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001(40) (forfeiture).

• Regulations 15 (disposal of vehicles) and 17 (disposal of contents) of the Goods Vehicles (Enforcement Powers) Regulations 2001(41), in the circumstances where the proceeds of sale have not been applied in meeting a claim to the proceeds of sale established under regulation 18(2) of those Regulations

(1)

1985 c. 66.

(2)

1987 c. 22.

(3)

1889 c. 39.

(4)

1911 c. 6.

(5)

1995 c. 39.

(6)

S.I. 1979/1714 (N.I. 19).

(7)

1999 c. 30.

(8)

S.I. 1999/3147 (N.I. 11).

(9)

S.I. 2000/1048.

(10)

S.S.I. 2000/112; to which there are amendments not relevant to this Order.

(11)

S.R. 2000/142; to which there are amendments not relevant to this Order.

(12)

S.I. 2000/1054.

(13)

S.R. 2000/146 as amended by S.R. 2000/335.

(14)

The Institute of Actuaries is at Staple Inn Hall, High Holborn, London WC1V 7QJ.

(15)

The Faculty of Actuaries is at Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP.

(16)

1868 c. 123(31 & 32 Vict); section 31 was amended by the Sheriff Courts (Scotland) Act 1971 (c. 58).

(17)

1937 c. 63 (1 Edw 8 & 1 Geo 6).

(18)

1951 c. 26 (14 & 15 Geo 6); section 19 was amended by section 41 of, and Schedule 4 to, the Salmon Act 1986 (c. 62) and section 20 was extended by section 18 of the Sea Fish (Conservation) Act 1967 (c. 84) and sections 7 and 10 of the Inshore Fishing (Scotland) Act 1984 (c. 26).

(19)

1955 c. 18 (3 & 4 Eliz 2); section 138 was amended by section 33(2) of and Part II of Schedule 2 to the Theft Act 1968 (c. 60), section 58 of, and Schedule 4 to, the Courts-Martial (Appeals) Act 1968 (c. 20), section 77(1) of and Part I of Schedule 4 to, the Armed Forces Act 1971 (c. 33), and section 14 of, and Schedule 7 to, the Armed Forces Act 1976 (c. 52).

(20)

1976 c. 52.

(21)

1955 c. 19 (3 & 4 Eliz 2); section 138 was amended by section 33(2) of and Part II of Schedule 2 to the Theft Act 1968 (c. 60), section 58 of and Schedule 4 to the Courts-Martial (Appeals) Act 1968 (c. 20), section 77(1) of and Part I of Schedule 4 to the Armed Forces Act 1971 (c. 33), and section 14 of and Schedule 7 to the Armed Forces Act 1976 (c. 52).

(22)

1957 c. 53 ( 5 & 6 Eliz. 2); section 76 was amended by S.I. 1964/488; section 33(2) of and Part II of Schedule 2 to the Theft Act 1968 (c. 60), section 77(1) of and Part I of Schedule 4 to the Armed Forces Act 1971 (c. 33), sections 14 and 22(6) of and Schedules 7 and 10 of the Armed Forces Act 1976 (c. 52), Schedules 1 and 7 to the Armed Forces Act 1996 (c. 46), and section 38 of and Schedule 7 to the Armed Forces Act 2001 (c. 19).

(23)

1959 c. 66 (7 & 8 Eliz); section 3 was amended by section 56(2) of, and Schedules 8 and 9 to, the Courts Act 1971 (c. 23), sections 53(5) and 65(4) of and Schedule 12 to the Criminal Law Act 1977 (c. 45), and section 119(2) of, and Schedule 7 to, the Police and Criminal Evidence Act 1984 (c. 60).

(24)

1967 c. 84; section 11(2) was substituted by section 24(1) of the Fisheries Act 1981 (c. 29).

(25)

1968 c. 20.

(26)

1968 c. 27; section 52 was amended by sections 123(6) and 170(2) of and Schedules 8 and 16 to the Criminal Justice Act 1988 (c. 33), section 168 of and Schedule 10 to the Criminal Justice and Public Order Act 1994 (c. 33), and section 119 of and Schedule 8 to the Crime and Disorder Act 1998 (c. 37).

(27)

1971 c. 38; section 27 was amended by section 70 of the Criminal Justice Act 1988 (c. 33), section 31(1) of and Schedule 4 to the Criminal Justice (International Co-operation) Act 1990 (c. 5), section 65(1) of and Schedule 1 to the Drug Trafficking Act 1994 (c. 37), and Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).

(28)

1981 c. 45.

(29)

1984 c. 26.

(30)

1986 c. 64.

(31)

1994 c. 33.

(32)

1994 c. 37; section 43 was repealed by Schedule 12 to the Proceeds of Crime Act 2002 (c. 29) but continues to have effect in relation to cash seized before 30^th December 2002 by virtue of article 3 of S.I. 2002/3015.

(33)

1995 c. 43.

(34)

1996 c. 37.

(35)

1997 c. 21.

(36)

2000 c. 6; section 143 was amended by section 56(6) of the Police Reform Act 2002 (c. 30).

(37)

1897 c. 30 (60 & 61 Vict.).

(38)

2000 c. 11.

(39)

2000 c. 13.

(40)

2001 c. 24.

(41)

S.I. 2001/3981.