Article 166C Supervision of PPO receiver and variationsF1

(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 PPO receiver—

(a)

the PPO receiver,

(b)

any party to the proceedings for the appointment of the PPO receiver or the prohibitory property order concerned,

(c)

any person affected by any action taken by the PPO receiver,

(d)

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

(2)

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

(a)

the PPO receiver,

(b)

the parties to the proceedings for the appointment of the PPO receiver and for the prohibitory property 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 PPO receiver,

(b)

any order under article 166B (powers of receivers appointed under article 166A), 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 PPO receiver,

(b)

the parties to the proceedings for—

(i)

the appointment of the PPO receiver,

(ii)

the order under article 166B, or

(iii)

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

(c)

the parties to the proceedings for the prohibitory property order concerned,

(d)

any person who may be affected by the court’s decision.

Annotations

F1: Arts. 166A-166C 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), 26