OpenLegislation

Rule 7 Agreements about associated and joint propertyI1

England and Wales

(1)

Where paragraph 10I(1) of Schedule 1 applies (agreements about associated and joint property) and the parties agree, the court may order the person who holds the associated property or who is the excepted joint owner to make a payment to the person identified in the order.

(2)

Prior to the making of an order under paragraph 10I(1) of Schedule 1, the court must request and the parties must provide—

(a)

details of the proposed agreement between the parties as to the value of the forfeitable property;

(b)

details of any agreed reduction in the amount payable;

(c)

confirmation that the agreement is in writing; and

(d)

a draft order for the court’s consideration.

(3)

Where paragraph 10I(1) of Schedule 1 applies but the court has not been notified that the parties agree that the court should make an order under paragraph 10I(1), the court may give directions as to the date by which the parties are to communicate the details in paragraph (2) to the court.

(4)

A copy of an order under paragraph 10I(1) of Schedule 1 must be given by the court to every person to whom notice of an order made under paragraph 10D or an application under paragraph 10G of Schedule 1 in respect of the detained property has been given, and to any other person known to be affected by the order.

Annotations

Commencement

I1

Rule 7 in force at 31.1.2018, see rule 1