Section 131ZA: Seized money Money

This section applies to money which—

This section also applies to money which is held by a person and which—

But this section applies to money only so far as the money is free property.

Subsection (5) applies if—

The relevant court may order the appropriate person to pay, within such period as the court may specify, the money or a portion of it specified by the court to the appropriate clerk of court on account of the amount payable under the confiscation order.

An order under subsection (5) may be made—

The Scottish Ministers may by regulations amend this section so that it applies by virtue of subsection (1) not only to money held in an account maintained with a bank or building society relevant financial institution but also to—

Regulations under subsection (7) may amend this section so that it makes provision about realising an instrument or product within subsection (7)(b) or otherwise obtaining money from it.

In this section—

• "appropriate clerk of court", in relation to a confiscation order, means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);

• "appropriate person" means—

  (a)in a case where the money is held in an account maintained with a bank or building society, the bank or building society a relevant financial institution, the relevant financial institution ;

  (b)in any other case, the person on whose authority the money is detained;

• "bank" means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

• "building society" has the same meaning as in the Building Societies Act 1986;

• "electronic money institution" has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);

• "payment institution" means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));

• "relevant court", in relation to a confiscation order, means—

  (a)the court which makes the confiscation order, or

  (b)the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);

• "relevant financial institution" means a bank, a building society, an electronic money institution or a payment institution;

• "relevant seizure power" means a power to seize money conferred by or by virtue of—

  (a)a warrant granted under any enactment or rule of law, or

  (b)any enactment, or rule of law, under which the authority of a warrant is not required.

In the definition of "bank" in subsection (9), "authorised deposit-taker" means—

A reference in subsection (10) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.