# The Limitation (Northern Ireland) Order 1989, Article 72B: Actions for recovery of property for purposes of an external order

Extent: N.I.

(1) None of the time limits fixed by Parts 2 and 3 of this Order applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (civil proceedings for the realisation of property to give effect to an external order).
(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 20 years from the date on which the relevant person's cause of action accrued.
(3) Proceedings under that Chapter are brought when—
(a) a claim form is issued, or
(b) an application is made for a property freezing order, or
(c) an application is made for an interim receiving order,
whichever is earliest.
(3A) If, before an event mentioned in paragraph (3) occurs, an application is made for a prohibition order under Part 4A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, the proceedings under Chapter 2 of Part 5 of the Order are to be treated as having been brought when that application is made.
(4) The relevant 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, or believed to have been obtained, as a result of or in connection with criminal 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, or believed to have been obtained, as a result of or in connection with criminal conduct which it represents is so obtained.
(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) of this Order does not prevent his asserting on an application under article 192 of that Order that the property belongs to him, or the court making a declaration in his favour under that article.
(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) of this Order.
(7) In this Article—
(a) “ criminal conduct ” is to be construed in accordance with section 447(8) of the Proceeds of Crime Act 2002, and
(b) expressions used in this Article which are also used in Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 have the same meaning in this Article as in that Part.
(8) In this Article “ relevant person ” means—
(a) the Serious Organised Crime Agency,
(b) the Director of the Serious Fraud Office, or
(c) the Director of Public Prosecutions for Northern Ireland.

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Source: https://www.legislation.gov.uk/nisi/1989/1339/article/72B (the official version)
Page: https://openlegislation.uk/limitation-northern-ireland-order-1989/article-72B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.