4 Unexplained wealth orders: Scotland
Criminal Finances Act 2017 (2017 c 22) | Legislation

Unexplained wealth orders: Scotland

4  Unexplained wealth orders: Scotland

In Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (investigations: Scotland), after section 396 insert—

“Unexplained wealth orders
396A Unexplained wealth orders

(1)     The Court of Session may, on an application made by the Scottish Ministers, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for the making of the order is fulfilled.

(2)     An application for an order must—

(a)     specify or describe the property in respect of which the order is sought, and

(b)     specify the person whom the Scottish Ministers think holds the property (“the respondent”) (and the person specified may include a person outside the United Kingdom).

(3)     An unexplained wealth order is an order requiring the respondent to provide a statement—

(a)     setting out the nature and extent of the respondent's interest in the property in respect of which the order is made,

(b)     explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),

(c)     where the property is held by the trustees of a settlement, setting out such details

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