Section 245ZA: Notice to local authority: Scotland

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

Part 5: Civil recovery of the proceeds etc. of unlawful conduct — Chapter 2: Civil recovery in the High Court or Court of Session

This section applies if, in proceedings under this Chapter for a recovery order, the enforcement authority applies under section 266(8ZA) for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse.

The enforcement authority must give notice of the application to the local authority in whose area the dwellinghouse is situated.

Notice under subsection (2) must be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003.

In this section—

  • "dwellinghouse" has the meaning given by section 11(8) of the Homelessness etc. (Scotland) Act 2003;

  • "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and "area", in relation to a local authority, means the local government area for which the authority is constituted.

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