(1) While property is detained under this Chapter, an application for the forfeiture of the whole or any part of it may be made -
(a) to a magistrates’ court by a person specified in subsection (2);
(b) to the sheriff by the Scottish Ministers.
(2) The persons referred to in subsection (1)(a) are -
(a) the Commissioners for Her Majesty’s Revenue and Customs,
(c) an SFO officer, or
(d) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State under section 453.
(3) The court or sheriff may order the forfeiture of the property or any part of it if satisfied that -
(a) the property is a listed asset, and
(b) what is to be forfeited is recoverable property or intended by any person for use in unlawful conduct.
(4) An order under subsection (3) made by a magistrates’ court may provide for payment under section 303U of reasonable legal expenses that a person has reasonably
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