Commentary on Sections Part 5: Civil Recovery of the Proceeds etc. of Unlawful Conduct Schedule 7: Powers of trustee for civil recovery Section 270: Associated and joint property
357.This section introduces sections 271 and 272, which explain how associated property and joint property are to be dealt with when a recovery order is made.
358.Under subsection (2) these sections apply where the property to which the proceedings relate includes both recoverable property and associated property (as defined in section 245), where the associated property is specified in the claim form, or in Scotland the application, and the form has been served on the person who holds the associated property (if different from the respondent) – or the court has dispensed with service.
359.Under subsection (3) these sections also apply where the property belongs to joint tenants, and one of the tenants is an 'excepted joint owner', as defined in subsection (4). Specific provision is needed for joint tenants because joint tenants are treated as though they were a single owner of the property at issue. Joint tenancies may arise, for example, where two people have a joint bank account or own real property jointly. But it might be the case that one of the joint tenants has acquired his joint tenancy with recoverable property and the other has acquired his with non-recoverable property. If so, the second would be an "excepted joint owner" whose interest would not be recoverable (subsection (4)). Subsections (3) and (4) do not apply to Scotland, as the concept of joint tenancy is not relevant in Scots law.