(1) An order may provide that property is not recoverable or (as the case may be) associated property if -
(a) it is prescribed property, or
(b) it is disposed of in pursuance of a prescribed enactment or an enactment of a prescribed description.
(2) An order may provide that if property is disposed of in pursuance of a prescribed enactment or an enactment of a prescribed description, it is to be treated for the purposes of section 278 as if it had been disposed of in pursuance of a recovery order.
(3) An order under this section may be made so as to apply to property, or a disposal of property, only in prescribed circumstances; and the circumstances may relate to the property or disposal itself or to a person who holds or has held the property or to any other matter.
(4) In this section, an order means an order made by the Secretary of State after consultation with the Scottish Ministers and the Department of Justice, and prescribed means prescribed by the order.