Article 72A Actions for recovery of property obtained through unlawful conduct etc.F1

Northern Ireland

(1)

None of the time limits fixed by Parts II and III applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct).

(2)

Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be brought after the expiration of the period of F220 years from the date on which the F3relevant person's cause of action accrued.

(3)

Proceedings under that Chapter are brought when—

(a)

a claim form is issued, or

(F4aa)

an application is made for a property freezing order, or

(b)

an application is made for an interim receiving order,

whichever is the F5earliest.

(4)

The F6relevant person's cause of action accrues in respect of any recoverable property—

(a)

in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained,

(b)

in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained.

(F74A)

Paragraph (4) is subject to section 13(5) of the Criminal Finances Act 2017 (which provides that, in the case of property obtained through unlawful conduct relating to a gross human rights abuse or violation, proceedings cannot be brought after the end of the period of 20 years from the date on which the conduct constituting the commission of the abuse or violation occurs).

(5)

If—

(a)

a person would (but for a time limit fixed by this Order) have a cause of action in respect of the conversion of a chattel, and

(b)

proceedings are started under that Chapter for a recovery order in respect of the chattel,

Article 17(2) does not prevent his asserting on an application under section 281 of that Act that the property belongs to him, or the court making a declaration in his favour under that section.

(6)

If the court makes such a declaration, his title to the chattel is to be treated as not having been extinguished by Article 17(2).

(7)

Expressions used in this Article and Part 5 of that Act have the same meaning in this Article as in that Part.

(F88)

In this Article “ relevant person ” means—

(F9a)

the National Crime Agency,

(b)

the Director of the Serious Fraud Office, or

(c)

the Director of Public Prosecutions for Northern Ireland.

Annotations

Textual amendments

F1: 2002 c. 29
F2: Words in art. 72A(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 62, 116(1); S.I. 2009/3096, art. 3(h)
F3: Words in art. 72A(2) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94(1), Sch. 8 para. 153(2); S.I. 2008/755, art. 2(1)(a) (subject to arts. 3-14)
F4: 2005 c. 15
F5: 2005 c. 15
F6: Words in art. 72A(4) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94(1), Sch. 8 para. 153(3); S.I. 2008/755, art. 2(1)(a) (subject to arts. 3-14)
F7: Art. 72A(4A) inserted (27.4.2017 for specified purposes, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 5; S.I. 2021/724, reg. 4(c)
F8: Art. 72A(8) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94(1), Sch. 8 para. 153(4); S.I. 2008/755, art. 2(1)(a) (subject to arts. 3-14)
F9: Art. 72A(8)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 37; S.I. 2013/1682, art. 3(v)