[F346 (1)Property is free unless it falls within subsection (2) or (3).F346]
[F347 (2)F347] [F348 Property falls within this subsection ifF348] an order is in force in respect of it under any of these provisions—
(a)section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);
(b)Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);
(c)Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);
(d)section 143 of [F349the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 4 of Part 7 of the Sentencing CodeF349] (deprivation orders);
(e)section 23 [F350, 23AF350] or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);
[F351 (ea)paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) [F352 , 10Z2(3), 10Z7AG(1), 10Z7BB(2), 10Z7CA(3), 10Z7CE(3) or 10Z7DG(3)F352] of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;F351]
(f)section [F353245A, F353] 246, [F354255A, 256,F354] 266, 295(2) [F355, 298(2), 303L(1), 303O(3), 303R(3), 303Z3 [F356 , 303Z14(4), 303Z32(1), 303Z37(2), 303Z41(4), 303Z45(3) or 303Z60(4)F356,F355]] of this Act.
[F357 (3)Property falls within this subsection if—
(a)it has been forfeited in pursuance of a forfeiture notice under section 297A [F358 or an account forfeiture notice under section 303Z9F358] ;
(b)it is detained under section 297C [F359 , 297D [F360 , 298(4) or 303O(9)F360,F359]] .F357]
[F361 (ba)it is detained under section 303Z30, 303Z31 or 303Z32 in a case where section 303Z42(2) applies;
(bb)it is detained under section 303Z57 or 303Z58 in a case where section 303Z60(6) applies;F361]
[F362 (c)it is the forfeitable property in relation to an order under section 303Q(1) [F363 or 303Z44(1)F363] .F362]
[F364 (d)it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule;
(e)it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule;
[F365 (ea)it is detained under paragraph 10Z7AE, 10Z7AF or 10Z7AG of that Schedule in a case where paragraph 10Z7CB(2) of that Schedule applies;
(eb)it is detained under paragraph 10Z7DD or 10Z7DE of that Schedule in a case where paragraph 10Z7DG(5) of that Schedule applies;F365]
(f)it is the forfeitable property in relation to an order under paragraph 10I(1) [F366 or 10Z7CD(1)F366] of that Schedule.F364]
146.Section 82 introduces the new concept of free property as any property that is not subject to certain kinds of forfeiture and deprivation orders. The underlying principle is that property already subject to one of these orders made in earlier proceedings should not be included in the calculation of the amount available for confiscation because it is already accounted for. In addition, property is not free if it is subject to certain orders under Part 5 of the Act on civil recovery. Section 83 defines realisable property by reference to the free property of the defendant and the recipient of a tainted gift. Section 84(1) defines property in very wide terms.