This Practice Note outlines the Scottish procedure for obtaining a civil recovery order under section 244 of the Proceeds of Crime Act 2002. It considers what civil recovery orders are and when they can be obtained, what is and what is not recoverable property, interim administration orders and prohibitory property orders (PPOs), together with PPO receivers.
This Practice Note outlines the confiscation procedure contained in the Proceeds of Crime Act 2002 (POCA 2002) insofar as it is applicable to Scotland. It covers the statutory regime applicable to confiscation in Scotland, contained within POCA 2002, Pt 3, including: when a confiscation order can be made under the Scottish provisions of POCA 2002, s 92, how the court makes the confiscation order, postponement of confiscation proceedings, enforcement including the appointment of enforcement administrators, the treatment of the family home in confiscation proceedings in Scotland, the time to pay provisions and restraint orders.
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