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Section 131C: Sections 131A and 131ZB to 131B: appeals

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 3: Confiscation: Scotland

If a sheriff decides not to make an order under section 131A 131A(3), an appropriate officer may appeal to the Court of Session.

If a sheriff decides not to make an order under section 131ZB(3) or 131AA(2), the prosecutor may appeal to the Court of Session.

If a sheriff makes an order under section 131A 131ZB(3), 131A(3) or 131AA(2), a person affected by the order may appeal to the Court of Session.

But the person mentioned in section 131A(2)(a) 131ZB(2)(a), 131A(2)(a) or 131AA(2)(a) (as applicable) may not appeal.

An appropriate officer may appeal to the Court of Session against—

a determination made by a sheriff under section 131B;
a decision by a sheriff not to make a determination under that section.

An appeal under this section must be made before the end of the period of 21 days starting with the day on which the decision or (as the case may be) the order was made.

On an appeal under this section the Court of Session may—

confirm, quash or vary the decision or (as the case may be) the order, or
make such order as Court of Session believes is appropriate.

In this section "appropriate officer" has the same meaning as in section 120A.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.