{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-103J",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-103J.json",
  "legislation": "uksi/2005/3181",
  "legislation_title": "The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005",
  "legislation_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005",
  "path": "article/103J",
  "kind": "article",
  "number": "103J",
  "heading": "Further detention pending variation of restraint order",
  "text": "(1) This article applies if—\n(a) property is detained under article 103I;\n(b) a restraint order is in force in respect of the property; and\n(c) the restraint order does not include provision under article 95A authorising the detention of the property.\n(2) If within the period mentioned in article 103I an application is made for the restraint order to be varied so as to include provision under article 95A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.\n(3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—\n(a) the decision to refuse the application; or\n(b) any decision made on an appeal against that decision.\n(4) Exempt property seized under article 103B(4A) may be detained under paragraphs (2) and (3) only with the approval of a senior officer.\n(5) In paragraph (4)—\n“exempt property” has the meaning given in article 103B(3) (reading references there to the defendant as references to the person by whom the property is held);\n“senior officer” has the meaning given in article 103F(3) (and for this purpose, the powers under paragraphs (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 4 Ch. 1A inserted (11.8.2016) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2016 (S.I. 2016/662), arts. 1, 27"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 103J(4)(5) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 10(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3181/article/103J",
    "retrieved_at": "2026-10-29T04:45:32.650973+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}