OpenLegislation

Article 141ZHC Supervision of receiver and variationsF1F2

(1)

Any of the following persons may at any time apply to the Court of Session for directions as to the exercise of the functions of a receiver appointed under article 141ZHA (receivers in connection with prohibition orders)—

(a)

the receiver,

(b)

any party to the proceedings for the appointment of the receiver or the prohibition order concerned,

(c)

any person affected by any action taken by the receiver,

(d)

any person who may be affected by any action proposed to be taken by the receiver.

(2)

Before giving any directions under paragraph (1), the court must give an opportunity to be heard to—

(a)

the receiver,

(b)

the parties to the proceedings for the appointment of the receiver and for the prohibition order concerned,

(c)

any person who may be interested in the application under paragraph (1).

(3)

The court may at any time vary or recall—

(a)

an order appointing a receiver,

(b)

any order under article 141ZHB (powers of receivers appointed under article 141ZHA), or

(c)

any directions under this article.

(4)

Before exercising any power under paragraph (3), the court must give an opportunity to be heard to—

(a)

the receiver,

(b)

the parties to the proceedings for—

(i)

the appointment of the receiver,

(ii)

the order under article 141ZHB, and

(iii)

(as the case may be) the directions under this article,

(c)

the parties to the proceedings for the prohibition order concerned,

(d)

any person who may be affected by the 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

F2

Arts. 141ZHA-141ZHC inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 25