# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 141N: Compensation


(1) This article applies where property ceases to be subject to a prohibition order because the order is—
(a) set aside, or
(b) varied to exclude the property from the order.
(2) The person whose property it is may make an application to the High Court for compensation.
(3) If the High Court is satisfied that—
(a) no proceedings under Chapter 2 of Part 5 of this Order have been brought in relation to the property,
(b) it is unlikely that such proceedings will be brought, and
(c) the applicant has suffered loss as a result of the prohibition order,
it may require the enforcement authority which obtained the prohibition order to pay compensation to the applicant.
(4) The amount of compensation to be paid under this article is the amount the High Court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(5) An application for compensation under paragraph (2) may not be made after the end of the period of three months beginning with the day on which the prohibition order is set aside or varied as mentioned in paragraph (1).
(6) If any proceedings under Chapter 2 of Part 5 of this Order are brought in relation to the property, article 194 (compensation where such proceedings unsuccessful) applies in relation to the prohibition order as it applies in relation to a property freezing order.

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Source: https://www.legislation.gov.uk/uksi/2005/3181/article/141N (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-141N
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

