Scottish civil recovery—process and procedure
Produced in partnership with Craig Kennedy of Dentons

The following Corporate Crime practice note produced in partnership with Craig Kennedy of Dentons provides comprehensive and up to date legal information covering:

  • Scottish civil recovery—process and procedure
  • Recovery orders
  • Introduction
  • When can a recovery order be obtained?
  • What is recoverable property?
  • What is not recoverable property?
  • Interim administration order
  • Prohibitory property orders
  • PPO receivers
  • Vesting and realisation of recoverable property

Scottish civil recovery—process and procedure

Recovery orders

This Practice Note outlines the Scottish procedure for obtaining a civil recovery order under the Proceeds of Crime Act 2002 (POCA 2002). For details on the equivalent England and Wales jurisdiction, see Practice Notes: Civil recovery orders under the Proceeds of Crime Act 2002 and Civil recovery under POCA 2002—procedure.

Introduction

POCA 2002, Pt 5 entitles enforcement authorities to bring civil proceedings before the Court of Session with a view to recovering property or cash which has been obtained through or is intended to be used in unlawful conduct, see Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002.

In Scotland, the Scottish Ministers act as the enforcement authority. Once recovered, the proceeds of any property or cash seized is paid into the Scottish Consolidated Fund.

When can a recovery order be obtained?

A recovery order can be obtained in circumstances where an enforcement authority thinks a person may be in possession of recoverable property.

What is recoverable property?

Recoverable property is property obtained through ‘unlawful conduct’.

Unlawful conduct is ‘conduct occurring in any part of the UK…if it is unlawful under the criminal law of that part’.

Recoverable property also includes property which has been disposed of if it can be followed into the hands of a third party.

For more information, see Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002—Recoverable

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