Part 1: Proceeds of crime Miscellaneous provisions relating to Scotland Section 29: Recovery orders relating to heritable property
Section 29 amends Part 5 of POCA (civil recovery of the proceeds etc. of unlawful conduct), to provide a more efficient and effective means for the trustee for civil recovery to recover possession of heritable property in Scotland where the Court of Session makes a recovery order in respect of that property under section 266.
	It amends sections 266 and 267 of POCA to allow for the recovery of possession to be dealt with as part of the civil recovery proceedings in the Court of Session rather than, as at present, require a subsequent and separate action in the Sheriff Court. New section 266(8ZA) requires the Court of Session, on the application of the Scottish Ministers (as the enforcement authority), to grant decree of removing and warrant for ejection in relation to any persons occupying heritable property in respect of which it makes a recovery order. New section 267(3)(ba) confers the function of enforcing such a decree and warrant on the trustee for civil recovery, in whom the property vests by virtue of the recovery order.
	This section also inserts two new sections into Part 5 of POCA in consequence of these provisions. As part of the regime to safeguard against homelessness, new section 245ZA requires the Scottish Ministers to notify the relevant local authority where they apply for a decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse. New section 269A sets out the effect on leases and occupancy rights where the Court of Session, in making a recovery order, also grants decree of removing and warrant for ejection in relation to any persons occupying the heritable property.