Prescription and Limitation (Scotland) Act 1973
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Change 1
19B Actions for recovery of property obtained through unlawful conduct etc.
(1) None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct). (2) Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be commenced after the expiration of the period of 20 years from the date on which the Scottish Ministers’ right of action accrued. (3) Proceedings under that Chapter are commenced when— (a) the proceedings are served, or (aa) an application is made for a prohibitory property order, or (b) an application is made for an interim administration order, whichever is the earliest . (4) The Scottish Ministers’ right of action accrues in respect of any recoverable property— (a) in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained, (b) in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained. (4A) Subsection (4) is subject to section 13(5) of the Criminal Finances Act 2017 (which provides that, in the case of property obtained through unlawful conduct relating to a gross human rights abuse or violation, proceedings cannot be brought after the end of the period of 20 years from the date on which the conduct constituting the commission of the abuse or violation occurs). (5) Expressions used in this section and Part 5 of that Act have the same meaning in this section as in that Part.
19B Actions for recovery of property obtained through unlawful conduct etc.
(1) None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct). (2) Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be commenced after the expiration of the period of 20 years from the date on which the Scottish Ministers’ right of action accrued. (3) Proceedings under that Chapter are commenced when— (a) the proceedings are served, or (aa) an application is made for a prohibitory property order, or (b) an application is made for an interim administration order, whichever is the earliest . (4) The Scottish Ministers’ right of action accrues in respect of any recoverable property— (a) in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained, (b) in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained. (4A) Subsection (4) is subject to section 13(5) of the Criminal Finances Act 2017 (which provides that, in the case of property obtained through unlawful conduct relating to a gross human rights abuse or violation, proceedings cannot be brought after the end of the period of 20 years from the date on which the conduct constituting the commission of the abuse or violation occurs). (5) Expressions used in this section and Part 5 of that Act have the same meaning in this section as in that Part.
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