Article 151 Application for interim receiving orderI1
United Kingdom
Where the enforcement authority may take proceedings for a recovery order pursuant to the registration of an external order in the High Court, the authority may apply to the court for an interim receiving order (whether before or after starting the proceedings).
An interim receiving order is an order for—
the detention, custody or preservation of property, and
the appointment of an interim receiver.
An application for an interim receiving order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
The court may make an interim receiving order on the application if it is satisfied that the conditions in paragraphs (5) and, where applicable, (6) are met.
The first condition is that there is a good arguable case—
that the property to which the application for the order relates is or includes recoverable property, and
that, if any of it is not recoverable property, it is associated property.
The second condition is that, if—
the property to which the application for the order relates includes property alleged to be associated property, and
the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
In its application for an interim receiving order, the enforcement authority must nominate a suitably qualified person for appointment as interim receiver, but the nominee may not be a member of the staff of the F1enforcement authority.
The extent of the power to make an interim receiving order is not limited by articles 152 to 160.
Annotations
Textual amendments
- F1
Words in art. 151(7) 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(37)