Section 190 Proceedings for civil recovery: costs and expensesI1

After section 288 of the Proceeds of Crime Act 2002 insert—

“Proceedings for civil recovery: costs and expenses

Costs orders and expenses orders

288A

(1)

The court may not make an order that any costs or, in Scotland, expenses of proceedings under this Chapter are payable by the enforcement authority, unless—

(a)

the authority acted unreasonably in taking the proceedings, making or opposing the application to which the proceedings relate, or supporting or opposing the making of the order to which the proceedings relate,

(b)

the authority acted dishonestly or improperly in the course of the proceedings, or

(c)

it would be just and reasonable to make such an order, and for this purpose it is not to be assumed that it is generally just and reasonable for the unsuccessful party to pay.

(2)

A reference in subsection (1) to proceedings under this Chapter includes any appeal arising out of proceedings under this Chapter.”

The amendment made by subsection (1) does not apply in relation to costs or, in Scotland, expenses—

A “pre-commencement interim application” means an application, made by the enforcement authority before the commencement day, for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order (including such an application made in relation to proceedings for a recovery order that are started on or after the commencement day).

Terms used in this section and in Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 have the same meaning in this section as they have in that Chapter (see section 316 of that Act).