{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-141F",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-141F.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/141F",
  "kind": "article",
  "number": "141F",
  "heading": "General exceptions",
  "text": "(1) If—\n(a) a person disposes of relevant property, and\n(b) the person who obtains it on the disposal does so in good faith, for value and without notice that it is relevant property,\na prohibition order may not be made in respect of the relevant property.\n(2) If relevant property is vested, forfeited or otherwise disposed of in pursuance of powers conferred under this Order, a prohibition order may not be made in respect of the relevant property.\n(3) If—\n(a) in pursuance of a judgment in civil proceedings (whether in the United Kingdom or elsewhere), the defendant makes a payment to the claimant or the claimant otherwise obtains property from the defendant,\n(b) the claimant’s claim is based on the defendant’s criminal conduct, and\n(c) the sum received, or the property obtained, by the claimant is relevant property,\na prohibition order may not be made in respect of the relevant property.\n(4) If—\n(a) a payment is made to a person in pursuance of a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 or section 249 of the Criminal Procedure (Scotland) Act 1995 or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code or in pursuance of a service compensation order under the Armed Forces Act 2006, and\n(b) the sum received is relevant property,\na prohibition order may not be made in respect of the relevant property.\n(5) If—\n(a) a payment is made to a person in pursuance of a restitution order under section 27 of the Theft Act (Northern Ireland) 1969 or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 3 of Part 7 of the Sentencing Code or a person otherwise obtains any property in pursuance of such an order, and\n(b) the sum received, or the property obtained, is relevant property,\na prohibition order may not be made in respect of the relevant property.\n(6) If—\n(a) in pursuance of an order made by the court under section 382(3) or 383(5) of the Financial Services and Markets Act 2000 (restitution orders), an amount is paid to or distributed among any persons in accordance with the court’s directions, and\n(b) the sum received by them is relevant property,\na prohibition order may not be made in respect of the relevant property.\n(7) If—\n(a) in pursuance of a requirement of the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England under or by virtue of section 384(5) of the Financial Services and Markets Act 2000 (power to require restitution), an amount is paid to or distributed among any persons, and\n(b) the sum received by them is relevant property,\na prohibition order may not be made in respect of the relevant property.\n(8) A prohibition order may not be made in respect of relevant property while a restraint order applies to it, that is—\n(a) an order under sections 41, 120 or 190 of the Act,\n(b) an order under articles 8, 58 or 95 of this Order, or\n(c) an order under any corresponding provision of an enactment mentioned in section 8(7)(a) to (g) of the Act.\n(9) A prohibition order may not be made in respect of relevant property if the relevant property has been taken into account in deciding the amount of a person’s benefit from criminal conduct for the purpose of making a confiscation order, that is—\n(a) an order under section 6, 92 or 156 of the Act,\n(b) an external order registered under Parts 2, 3 or 4 of this Order, or\n(c) an order under a corresponding provision of an enactment mentioned in section 8(7)(a) to (g) of the Act,\nand, in relation to an order mentioned in paragraph (c), the reference to the amount of a person’s benefit from criminal conduct is to be read as a reference to the corresponding amount under the enactment in question.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pts. 4A, 4B inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 3"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 141F(4)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 339(2) (with Sch. 27); S.I. 2020/1236, reg. 2"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 141F(5)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 339(3) (with Sch. 27); S.I. 2020/1236, reg. 2"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1913 c. 20."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1914 c. 59."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1985 c. 66."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1986 c. 45."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 1989/(N.I. 19)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1986 c. 32."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3181/article/141F",
    "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."
}