Rule 33.49 Application for discharge of restraint or ancillary order by the person who applied for the orderI1

England and Wales

(1)

This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Proceeds of Crime Act 2002 to discharge the order or any ancillary order made under section 41(7) of the 2002 Act.

(2)

The application may be made without notice.

(3)

The application must be in writing and must state the grounds for the application.

(4)

If the court makes an order for the discharge of a restraint or ancillary order, the applicant must serve copies of the order on—

(a)

the defendant;

(b)

any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the discharge); and

(c)

any other person whom the applicant knows to be affected by the order.

Annotations

Commencement

I1: Rule 33.49 in force at 6.10.2025, see Preamble