Section 40: Recoverable property

40. Recoverable property (1) Subject to section 42, where any property which constitutes proceeds or an instrumentality or terrorist property has been disposed of since it was used or obtained in connection with the commission of an offence, it is recoverable pursuant to Sub-Part A or B of this Part if it is held by a person into whose hands it may be followed in accordance with subsection (2). A23A – 25 [Issue 3] Asset Recovery Act (2) Property may be followed into the hands of a person obtaining it on a disposal by— (a) the person who used or intended to use the property as an instrumentality or through the offence obtained the property or terrorist property; or (b) a person into whose hands it may, by virtue of this subsection, be followed.