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Article 130 Appeal to Court of Appeal about receiversI1

United Kingdom

(1)

If on an application for an order under any of articles 101, 102 F1or 113 to 115, the court decides not to make one, the person who applies for the order may appeal to the Court of Appeal against the decision.

(2)

If the court makes an order under any of articles 101, 102 F2or 113 to 115, the following persons may appeal to the Court of Appeal in respect of the court’s decision—

(a)

the person who applied for the order;

(b)

any person affected by the order.

(3)

If on an application for an order under article 127 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(4)

If the court makes an order under article 127 the following persons may appeal to the Court of Appeal in respect of the court’s decision—

(a)

the person who applied for the order;

(b)

any person affected by the order;

(c)

the receiver.

(5)

The following persons may appeal to the Court of Appeal against a decision of the court on an application under article 128—

(a)

the person who applied for the order in respect of which the application was made F3...;

(b)

any person affected by the court’s decision;

(c)

the receiver.

(6)

On an appeal under this article the Court of Appeal may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

Annotations

Textual amendments

F1

Words in art. 130(1) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 2(35)(a)

F2

Words in art. 130(2) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 2(35)(a)

F3

Words in art. 130(5)(a) omitted (1.4.2008) by virtue of The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 2(35)(b)

Commencement

I1

Art. 130 in force at 1.1.2006, see art. 1