OpenLegislation

Article 141H Restriction on proceedings and remediesF1

(1)

While a prohibition order has effect—

(a)

the High Court may stay any action, execution or other legal process in respect of the property to which the order applies, and

(b)

no distress may be levied against the property to which the order applies except with the leave of the High Court and subject to any terms the High Court may impose.

(2)

If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that a prohibition order has been applied for or made in respect of the property, it may either stay the proceedings or allow them to continue on any terms it thinks fit.

(3)

If a prohibition order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise the right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the leave of the High Court and subject to any terms the High Court may impose.

(4)

Before exercising any power conferred by this article, the High Court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the High Court’s decision.

Annotations

Textual amendments

F1

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