Commentary on Sections Part 5: Civil Recovery of the Proceeds etc. of Unlawful Conduct Chapter 4: General.Recoverable property Section 309: Other exemptions
434.Section 309 provides that certain property is not recoverable or associated property if it is prescribed by order or is disposed of in pursuance of a prescribed enactment. Subsection (2) provides that where property is disposed of in pursuance of a prescribed enactment, it is to be treated for the purposes of section 278 (limit on recovery) as though it had been disposed of under a recovery order. Subsection (4) provides that an order is to be made by the Secretary of State, following consultation with the Scottish Ministers. The order is subject to the affirmative resolution procedure under section 459(6)(a).