THE SCHEDULE
Article 2
THE SCHEDULE
PART 1
PRESCRIBED PROPERTY
Property forfeited in pursuance of powers conferred by the customs and excise Acts, as defined by section 1(1) of the Customs and Excise Management Act 19792.
PART 2
PRESCRIBED ENACTMENTS—PROPERTY WHICH IS NOT RECOVERABLE PROPERTY
Section 31 of the Salmon Fisheries (Scotland) Act 18683(forfeiture of articles found in possession of any offender).
Section 8 of the Diseases of Fish Act 19374(penalties and legal proceedings).
Sections 19 and 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 19515.
Section 138 of the Army Act 19556(restitution or compensation for theft etc.) (including where it has effect by virtue of paragraph 17 of Schedule 3 to the Armed Forces Act 19767), in circumstances other than where the disposal is of money which is paid as or towards compensation under section 138(5) of that Act or the disposal is the restitution of property given in exchange under section 138(6) of that Act.
Section 138 of the Air Force Act 19558(restitution or compensation for theft etc.), in circumstances other than where the disposal is of money which is paid as or towards compensation under section 138(5) of that Act or the disposal is the restitution of property given in exchange under section 138(6) of that Act.
Section 76 of the Naval Discipline Act 19579(restitution or compensation on conviction of larceny etc.), in circumstances other than where the disposal is the restitution of property given in exchange under section 76(2)(a) of that Act or the disposal is of money which is paid as or towards compensation under section 76(2)(b) or (3) of that Act.
Section 3 of the Obscene Publications Act 195910(powers of search and seizure).
Section 11(2) of the Sea Fish (Conservation) Act 196711(penalties for offences).
Section 46(4) of the Courts-Martial (Appeals) Act 196812(restitution of property), in circumstances where if the order had been made by the court-martial or Defence Council this Order would have provided that the property was not recoverable or (as the case may be) associated property.
Section 52 of the Firearms Act 196813(forfeiture and disposal of firearms).
Section 27 of the Misuse of Drugs Act 197114(forfeiture).
Sections 7 and 24 of the Forgery and Counterfeiting Act 198115(powers of search, forfeiture etc).
Section 4(4) of the Inshore Fishing (Scotland) Act 198416.
Section 25 of the Public Order Act 198617(power to order forfeiture).
Section 66 of the Criminal Justice and Public Order Act 199418(power of court to forfeit sound equipment) in the circumstances where no order is made under section 66(5) or by virtue of section 66(6) of that Act for the delivery of property to a person appearing to be the owner of the property.
Section 43 of the Drug Trafficking Act 199419(forfeiture).
Section 22 of the Proceeds of Crime (Scotland) Act 199520(forfeiture: district court).
Section 24 of the Proceeds of Crime (Scotland) Act 1995 (forfeiture of property subject to suspended forfeiture order), in the circumstances where no order is made under section 26 of that Act in relation to the property.
Paragraph 3 of the Schedule to the Noise Act 199621(forfeiture), in the circumstances where no order is made under paragraph 4 of that Schedule for the delivery of the equipment to a person appearing to be the owner of the equipment.
Section 6 of the Knives Act 199722(forfeiture of knives and publications), in the circumstances where no order is made under section 7 of that Act for the delivery of the property to a person appearing to be the owner of the property.
Section 143 of the Powers of Criminal Courts (Sentencing) Act 200023(powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 198724, as applied by section 144 of the Powers of Criminal Courts (Sentencing) Act 2000 for the delivery of the property to a person appearing to be the owner of the property.
Section 23 of the Terrorism Act 200025(forfeiture).
Section 6 of the Royal Parks (Trading) Act 200026(seizure, retention, disposal and forfeiture of property).
Paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security, Act 200127(forfeiture).
Regulations 15 (disposal of vehicles) and 17 (disposal of contents) of the Goods Vehicles (Enforcement Powers) Regulations 200128, in the circumstances where the proceeds of sale have not been applied in meeting a claim to the proceeds of sale established under regulation 18(2) of those Regulations.
