Commentary on Sections Part 5: Civil Recovery of the Proceeds etc. of Unlawful Conduct Interim administration orders (Scotland) Section 263: Exclusion of property which is not recoverable etc.
344.The court has the power to vary an interim administration order at any time (section 260(3)). This section makes specific provision for variations of interim administration orders to have the effect of excluding property from the proceedings altogether. The court may decide before the final hearing of the action, for example on an application by a person who may be affected by the court’s order or a report by an interim administrator (see section 264), that some of the property to which the order applies is neither recoverable nor associated property. The court must exclude this property from the terms of the interim administration order. The court may also release associated property, if satisfied that it may be excluded without materially affecting the claims of the Scottish Ministers in respect of the remainder. If so, it may vary the order accordingly and the excluded property will be released, with or without conditions.