Page:Organised Crime Act 2015.pdf/57

58 Meaning of "gift caught by this Part"

47.—(1) In this Part, a gift is caught by this Part if it was made by the subject at any time (including before the date of commencement of this Part)—
 * (a) in the case of a restraint order or charging order, in the period of 6 years before the date of application for the order or, if one or more such orders were made previously concerning the same subject and organised crime activity, the earlier or earliest application for either of those orders;
 * (b) in the case of a confiscation order—
 * (i) if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or
 * (ii) if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, in the period of 6 years before the date of application for the confiscation order.

(2) In this Part, a gift is also caught by this Part if it was made by the subject at any time (including before the date of commencement of this Part) and which is or is part of the benefits derived by the subject from the organised crime activity.

(3) In this Part, the circumstances in which the subject is to be treated as making a gift include circumstances where the subject transfers property to another person directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the subject.

Meaning and proof of "organised crime activity"

48.—(1) In this Part, "organised crime activity" means any activity—