Rule 33.30 Taking control of goods and forfeitureI1

England and Wales

(1)

This rule applies to applications under sections 58(2) and (3) and 59(2) and (3) of the Proceeds of Crime Act 2002^f1 for leave of the Crown Court to take control of goods or levy distress against property, or to exercise a right of forfeiture by peaceable re-entry in relation to a tenancy, in circumstances where the property or tenancy is the subject of a restraint order or a receiver has been appointed in respect of the property or tenancy.

(2)

The application must be made in writing to the Crown Court.

(3)

The application must be served on—

(a)

the person who applied for the restraint order or the order appointing the receiver; and

(b)

any receiver appointed in respect of the property or tenancy,

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Annotations

Commencement

I1: Rule 33.30 in force at 6.10.2025, see Preamble

Footnotes

f1: 2002 c. 29; section 58(2) was amended by section 62(3) of, and paragraphs 142 and 143 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).