OpenLegislation

Paragraph 27 Appointment of management receiverI1

Northern Ireland Not yet in force

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 196 (appointment of management receiver)—

(a)

after subsection (1) insert—

“(1A)

Subsection (2) also applies if—

(a)

a magistrates’ court has made a further detention order, and

(b)

an application is made to the High Court to proceed under subsection (2) by—

(i)

the prosecutor, or

(ii)

an accredited financial investigator.”;

(b)

in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;

(c)

after subsection (2) insert—

“(3)

For the purposes of this section and section 197, a “further detention order” is an order made in relation to property under section 195M (further detention of property detained under section 195J).”

(3)

In section 197 (powers of management receiver)—

(a)

in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;

(b)

in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.

(4)

In section 211 (discharge and variation), in subsection (3)(a), after “section 189” insert “or 195B”.

Annotations

Commencement

I1

Sch. 22 para. 27 not in force at Royal Assent, see s. 255(8)(m)