# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 128: Discharge and variation of receiver orders

Extent: E+W+S+N.I.

(1) The following persons may apply to the High Court to vary or discharge an order made under article 101 or 102 or to the Crown Court to vary or discharge an order made under any of articles 113 to 115—
(a) the receiver;
(b) the relevant Director;
(c) any person affected by the order.
(2) On an application under this article the court—
(a) may discharge the order;
(b) may vary the order.
(3) But in the case of an order under article 101 or 102—
(a) if the condition in article 94 which was satisfied was that proceedings were started, the court must discharge the order if at the conclusion of the proceedings no external order has been made;
(b) if the condition which was satisfied was that proceedings were started, the court must discharge the order if within a reasonable time an external order has not been registered under Chapter 2 of this Part;
(c) if the condition which was satisfied was that an investigation was started, the court must discharge the order if within a reasonable time proceedings for the offence are not started.

---
Source: https://www.legislation.gov.uk/uksi/2005/3181/article/128 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-128
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.