Office of Public Sector Information
(1) This Part has effect for the purposes of—
(a) enabling the enforcement authority to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property obtained through unlawful conduct,
(b) enabling cash which is, or represents, property obtained through unlawful conduct, or which is intended to be used in unlawful conduct, to be forfeited in civil proceedings before a magistrates' court or (in Scotland) the sheriff.
(2) The powers conferred by this Part are exercisable in relation to any property (including cash) whether or not any proceedings have been brought for an offence in connection with the property.
(1) Conduct occurring in any part of the United Kingdom is unlawful conduct if it is unlawful under the criminal law of that part.
(2) Conduct which—
(a) occurs in a country outside the United Kingdom and is unlawful under the criminal law of that country, and
(b) if it occurred in a part of the United Kingdom, would be unlawful under the criminal law of that part,
is also unlawful conduct.
(3) The court or sheriff must decide on a balance of probabilities whether it is proved—
(a) that any matters alleged to constitute unlawful conduct have occurred, or
(b) that any person intended to use any cash in unlawful conduct.
(1) A person obtains property through unlawful conduct (whether his own conduct or another's) if he obtains property by or in return for the conduct.
(2) In deciding whether any property was obtained through unlawful conduct—
(a) it is immaterial whether or not any money, goods or services were provided in order to put the person in question in a position to carry out the conduct,
(b) it is not necessary to show that the conduct was of a particular kind if it is shown that the property was obtained through conduct of one of a number of kinds, each of which would have been unlawful conduct.
(1) Proceedings for a recovery order may be taken by the enforcement authority in the High Court against any person who the authority thinks holds recoverable property.
(2) The enforcement authority must serve the claim form—
(a) on the respondent, and
(b) unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order,
wherever domiciled, resident or present.
(3) If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the claim form it must be described in the form in general terms; and the form must state whether it is alleged to be recoverable property or associated property.
(4) The references above to the claim form include the particulars of claim, where they are served subsequently.
(1) Proceedings for a recovery order may be taken by the enforcement authority in the Court of Session against any person who the authority thinks holds recoverable property.
(2) The enforcement authority must serve the application—
(a) on the respondent, and
(b) unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order,
wherever domiciled, resident or present.
(3) If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the application it must be described in the application in general terms; and the application must state whether it is alleged to be recoverable property or associated property.
(1) “Associated property” means property of any of the following descriptions (including property held by the respondent) which is not itself the recoverable property—
(a) any interest in the recoverable property,
(b) any other interest in the property in which the recoverable property subsists,
(c) if the recoverable property is a tenancy in common, the tenancy of the other tenant,
(d) if (in Scotland) the recoverable property is owned in common, the interest of the other owner,
(e) if the recoverable property is part of a larger property, but not a separate part, the remainder of that property.
(2) References to property being associated with recoverable property are to be read accordingly.
(3) No property is to be treated as associated with recoverable property consisting of rights under a pension scheme (within the meaning of sections 273 to 275).
(1) Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for an interim receiving order (whether before or after starting the proceedings).
(2) An interim receiving order is an order for—
(a) the detention, custody or preservation of property, and
(b) the appointment of an interim receiver.
(3) An application for an interim receiving order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
(4) The court may make an interim receiving order on the application if it is satisfied that the conditions in subsections (5) and, where applicable, (6) are met.
(5) The first condition is that there is a good arguable case—
(a) that the property to which the application for the order relates is or includes recoverable property, and
(b) that, if any of it is not recoverable property, it is associated property.
(6) The second condition is that, if—
(a) the property to which the application for the order relates includes property alleged to be associated property, and
(b) the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
(7) In its application for an interim receiving order, the enforcement authority must nominate a suitably qualified person for appointment as interim receiver, but the nominee may not be a member of the staff of the Agency.
(8) The extent of the power to make an interim receiving order is not limited by sections 247 to 255.
(1) An interim receiving order may authorise or require the interim receiver—
(a) to exercise any of the powers mentioned in Schedule 6,
(b) to take any other steps the court thinks appropriate,
for the purpose of securing the detention, custody or preservation of the property to which the order applies or of taking any steps under subsection (2).
(2) An interim receiving order must require the interim receiver to take any steps which the court thinks necessary to establish—
(a) whether or not the property to which the order applies is recoverable property or associated property,
(b) whether or not any other property is recoverable property (in relation to the same unlawful conduct) and, if it is, who holds it.
(3) If—
(a) the interim receiver deals with any property which is not property to which the order applies, and
(b) at the time he deals with the property he believes on reasonable grounds that he is entitled to do so in pursuance of the order,
the interim receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.
(1) The registration Acts—
(a) apply in relation to interim receiving orders as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgements or recognisances,
(b) apply in relation to applications for interim receiving orders as they apply in relation to other pending land actions.
(2) The registration Acts are—
(a) the Land Registration Act 1925 (c. 21),
(b) the Land Charges Act 1972 (c. 61), and
(c) the Land Registration Act 2002 (c. 9).
(3) But no notice may be entered in the register of title under the Land Registration Act 2002 in respect of an interim receiving order.
(4) A person applying for an interim receiving order must be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which—
(a) the application relates, or
(b) an interim receiving order made in pursuance of the application relates.
(1) A person applying for an interim receiving order must be treated for the purposes of section 66 of the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) (cautions) as a person interested in relation to any registered land to which—
(a) the application relates, or
(b) an interim receiving order made in pursuance of the application relates.
(2) Upon being served with a copy of an interim receiving order, the Registrar must, in respect of any registered land to which an interim receiving order or an application for an interim receiving order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.
(3) Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) apply to an entry made under subsection (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section.
(4) Where an interim receiving order has been protected by an entry registered under the Land Registration Act (Northern Ireland) 1970 or the Registration of Deeds Acts, an order setting aside the interim receiving order may require that entry to be vacated.
(5) In this section—
“Registrar” and “entry” have the same meanings as in the Land Registration Act (Northern Ireland) 1970, and
“Registration of Deeds Acts” has the meaning given by section 46(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
(1) An interim receiving order may require any person to whose property the order applies—
(a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the interim receiver or place it in the custody of the interim receiver (if, in either case, he is able to do so),
(b) to do anything he is reasonably required to do by the interim receiver for the preservation of the property.
(2) An interim receiving order may require any person to whose property the order applies to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the interim receiver or to place them in the custody of the interim receiver.
“Document” means anything in which information of any description is recorded.
(1) The interim receiver, any party to the proceedings and any person affected by any action taken by the interim receiver, or who may be affected by any action proposed to be taken by him, may at any time apply to the court for directions as to the exercise of the interim receiver’s functions.
(2) Before giving any directions under subsection (1), the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to the interim receiver and to any person who may be interested in the application.
(3) The court may at any time vary or set aside an interim receiving order.
(4) Before exercising any power under this Chapter to vary or set aside an interim receiving order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to the interim receiver and to any person who may be affected by the court’s decision.
(1) An interim receiving order must, subject to any exclusions made in accordance with this section, prohibit any person to whose property the order applies from dealing with the property.
(2) Exclusions may be made when the interim receiving order is made or on an application to vary the order.
(3) An exclusion may, in particular, make provision for the purpose of enabling any person—
(a) to meet his reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation,
and may be made subject to conditions.
(4) But an exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.
(5) If the excluded property is not specified in the order it must be described in the order in general terms.
(6) The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.
(1) While an interim receiving order has effect—
(a) the court may stay any action, execution or other legal process in respect of the property to which the order applies,
(b) no distress may be levied against the property to which the order applies except with the leave of the court and subject to any terms the court may impose.
(2) If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that an interim receiving order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(3) If the interim receiving order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the leave of the court and subject to any terms the court may impose.
(4) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings in question an opportunity to be heard) give such an opportunity to the interim receiver (if appointed) and any person who may be affected by the court’s decision.
(1) If the court decides that any property to which an interim receiving order applies is neither recoverable property nor associated property, it must vary the order so as to exclude it.
(2) The court may vary an interim receiving order so as to exclude from the property to which the order applies any property which is alleged to be associated property if the court thinks that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct will not be prejudiced.
(3) The court may exclude any property within subsection (2) on any terms or conditions, applying while the interim receiving order has effect, which the court thinks necessary or expedient.
(1) An interim receiving order must require the interim receiver to inform the enforcement authority and the court as soon as reasonably practicable if he thinks that—
(a) any property to which the order applies by virtue of a claim that it is recoverable property is not recoverable property,
(b) any property to which the order applies by virtue of a claim that it is associated property is not associated property,
(c) any property to which the order does not apply is recoverable property (in relation to the same unlawful conduct) or associated property, or
(d) any property to which the order applies is held by a person who is different from the person it is claimed holds it,
or if he thinks that there has been any other material change of circumstances.
(2) An interim receiving order must require the interim receiver—
(a) to report his findings to the court,
(b) to serve copies of his report on the enforcement authority and on any person who holds any property to which the order applies or who may otherwise be affected by the report.
(1) Where the enforcement authority may take proceedings for a recovery order in the Court of Session, the authority may apply to the court for an interim administration order (whether before or after starting the proceedings).
(2) An interim administration order is an order for—
(a) the detention, custody or preservation of property, and
(b) the appointment of an interim administrator.
(3) An application for an interim administration order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
(4) The court may make an interim administration order on the application if it is satisfied that the conditions in subsections (5) and, where applicable, (6) are met.
(5) The first condition is that there is a probabilis causa litigandi—
(a) that the property to which the application for the order relates is or includes recoverable property, and
(b) that, if any of it is not recoverable property, it is associated property.
(6) The second condition is that, if—
(a) the property to which the application for the order relates includes property alleged to be associated property, and
(b) the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
(7) In its application for an interim administration order, the enforcement authority must nominate a suitably qualified person for appointment as interim administrator, but the nominee may not be a member of the staff of the Scottish Administration.
(8) The extent of the power to make an interim administration order is not limited by sections 257 to 264.
(1) An interim administration order may authorise or require the interim administrator—
(a) to exercise any of the powers mentioned in Schedule 6,
(b) to take any other steps the court thinks appropriate,
for the purpose of securing the detention, custody or preservation of the property to which the order applies or of taking any steps under subsection (2).
(2) An interim administration order must require the interim administrator to take any steps which the court thinks necessary to establish—
(a) whether or not the property to which the order applies is recoverable property or associated property,
(b) whether or not any other property is recoverable property (in relation to the same unlawful conduct) and, if it is, who holds it.
(3) If—
(a) the interim administrator deals with any property which is not property to which the order applies, and
(b) at the time he deals with the property he believes on reasonable grounds that he is entitled to do so in pursuance of the order,
the interim administrator is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.
(1) On the application of the enforcement authority, the Court of Session may, in relation to the property mentioned in subsection (2), grant warrant for inhibition against any person specified in an interim administration order.
(2) That property is heritable property situated in Scotland to which the interim administration order applies (whether generally or such of it as is specified in the application).
(3) The warrant for inhibition—
(a) has effect as if granted on the dependence of an action for debt by the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly, and
(b) has the effect of letters of inhibition and must forthwith be registered by the enforcement authority in the register of inhibitions and adjudications.
(4) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under subsection (1) as it applies to an inhibition by separate letters or contained in a summons.
(5) The execution of an inhibition under this section in respect of property does not prejudice the exercise of an interim administrator’s powers under or for the purposes of this Part in respect of that property.
(6) An inhibition executed under this section ceases to have effect when, or in so far as, the interim administration order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted.
(7) If an inhibition ceases to have effect to any extent by virtue of subsection (6) the enforcement authority must—
(a) apply for the recall or, as the case may be, the restriction of the inhibition, and
(b) ensure that the recall or restriction is reflected in the register of inhibitions and adjudications.
(1) An interim administration order may require any person to whose property the order applies—
(a) to bring the property to a place (in Scotland) specified by the interim administrator or place it in the custody of the interim administrator (if, in either case, he is able to do so),
(b) to do anything he is reasonably required to do by the interim administrator for the preservation of the property.
(2) An interim administration order may require any person to whose property the order applies to bring any documents relating to the property which are in his possession or control to a place (in Scotland) specified by the interim administrator or to place them in the custody of the interim administrator.
“Document” means anything in which information of any description is recorded.
(1) The interim administrator, any party to the proceedings and any person affected by any action taken by the interim administrator, or who may be affected by any action proposed to be taken by him, may at any time apply to the court for directions as to the exercise of the interim administrator’s functions.
(2) Before giving any directions under subsection (1), the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to the interim administrator and to any person who may be interested in the application.
(3) The court may at any time vary or recall an interim administration order.
(4) Before exercising any power under this Chapter to vary or set aside an interim administration order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to the interim administrator and to any person who may be affected by the court’s decision.
(1) An interim administration order must, subject to any exclusions made in accordance with this section, prohibit any person to whose property the order applies from dealing with the property.
(2) Exclusions may be made when the interim administration order is made or on an application to vary the order.
(3) An exclusion may, in particular, make provision for the purpose of enabling any person—
(a) to meet his reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation,
and may be made subject to conditions.
(4) But an exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.
(5) If the excluded property is not specified in the order it must be described in the order in general terms.
(6) The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.
(1) While an interim administration order has effect, the court may sist any action, execution or other legal process in respect of the property to which the order applies.
(2) If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that an interim administration order has been applied for or made in respect of the property, the court may either sist the proceedings or allow them to continue on any terms it thinks fit.
(3) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings in question an opportunity to be heard) give such an opportunity to the interim administrator (if appointed) and any person who may be affected by the court’s decision.
(1) If the court decides that any property to which an interim administration order applies is neither recoverable property nor associated property, it must vary the order so as to exclude it.
(2) The court may vary an interim administration order so as to exclude from the property to which the order applies any property which is alleged to be associated property if the court thinks that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct will not be prejudiced.
(3) The court may exclude any property within subsection (2) on any terms or conditions, applying while the interim administration order has effect, which the court thinks necessary or expedient.
(1) An interim administration order must require the interim administrator to inform the enforcement authority and the court as soon as reasonably practicable if he thinks that—
(a) any property to which the order applies by virtue of a claim that it is recoverable property is not recoverable property,
(b) any property to which the order applies by virtue of a claim that it is associated property is not associated property,
(c) any property to which the order does not apply is recoverable property (in relation to the same unlawful conduct) or associated property, or
(d) any property to which the order applies is held by a person who is different from the person it is claimed holds it,
or if he thinks that there has been any other material change of circumstances.
(2) An interim administration order must require the interim administrator—
(a) to report his findings to the court,
(b) to serve copies of his report on the enforcement authority and on any person who holds any property to which the order applies or who may otherwise be affected by the report.
(1) On the application of the enforcement authority or the interim administrator the Court of Session may, in relation to moveable recoverable property to which an interim administration order applies (whether generally or such of it as is specified in the application), grant warrant for arrestment.
(2) An application by the enforcement authority under subsection (1) may be made at the same time as the application for the interim administration order or at any time thereafter.
(3) Such a warrant for arrestment may be granted only if the property would be arrestable if the person entitled to it were a debtor.
(4) A warrant under subsection (1) has effect as if granted on the dependence of an action for debt at the instance of the enforcement authority or, as the case may be, the interim administrator against the person and may be executed, recalled, loosed or restricted accordingly.
(5) The execution of an arrestment under this section in respect of property does not prejudice the exercise of an interim administrator’s powers under or for the purposes of this Part in respect of that property.
(6) An arrestment executed under this section ceases to have effect when, or in so far as, the interim administration order ceases to apply in respect of the property in relation to which the warrant for arrestment was granted.
(7) If an arrestment ceases to have effect to any extent by virtue of subsection (6) the enforcement authority or, as the case may be, the interim administrator must apply to the Court of Session for an order recalling or, as the case may be, restricting the arrestment.
Proceeds of Crime Act 2002