[303Z45 Associated and joint property: default of agreement]
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

[303Z45  Associated and joint property: default of agreement]

[(1)     Where this section applies and there is no agreement under section 303Z44, the magistrates' court or sheriff may transfer the application made under section 303Z41 to the appropriate court.

(2)     The “appropriate court” is—

(a)     the High Court, where the application under section 303Z41 was made to a magistrates' court;

(b)     the Court of Session, where the application under section 303Z41 was made to the sheriff.

(3)     Where (under subsection (1)) an application made under section 303Z41 is transferred to the appropriate court, the appropriate court may order the forfeiture of the property to which the application relates, or any part of that property, if satisfied that what is to be forfeited is recoverable property or intended by any person for use in unlawful conduct.

(4)     An order under subsection (3) made by the High Court may include provision of the type that may be included

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