Article 213L ForfeitureF1
While property is detained under this Part and the detention period has not expired, an application may be made by a person specified in paragraph (3) to the court for—
the registration of the external order specifying the property seized under article 213H (seizure of listed assets), and
the forfeiture of the whole or any part of the property specified in that external order.
In this article, “the court” means—
in England and Wales, a magistrates’ court;
in Northern Ireland, a magistrates’ court;
in Scotland, the sheriff court.
The persons referred to in paragraph (1) are—
in England and Wales F3or Northern Ireland, the Commissioners for Her Majesty’s Revenue and Customs, a constable or an SFO officer, or
in Scotland, the Scottish Ministers.
In paragraph (1), “the detention period” means the period specified in article 213I(2) (detention of seized property).
If an application is made under paragraph (1), the court must decide to give effect to the external order by registering it and ordering the forfeiture of the property or any part of it if it determines that—
the property is a listed asset, and
what is to be forfeited is recoverable property.
In making such a determination the court must have regard to—
the definitions in subsections (2), (4), (5), (6) to (8) and (10) of section 447 of the Act (interpretation), and
articles 202 to 207 (recoverable property).
An order under paragraph (5) made by a magistrates’ court may provide for payment under article 213R (proceeds of realisation) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
the proceedings in which the order is made, or
any related proceedings under this Part.
A sum in respect of a relevant item of expenditure is not payable under article 213R in pursuance of provision under paragraph (7) unless—
the person who applied for the order under paragraph (5) agrees to its payment, or
the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
For the purposes of paragraph (8)—
a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Act would apply if the order under paragraph (5) had instead been a recovery order;
an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations.
Paragraph (5) ceases to apply on the transfer of an application made under this article in accordance with article 213O(1)(a) or (b) (associated and joint property: default of agreement).
Where an application for the forfeiture of any property is made under this article, the property is to be detained (and may not be released under any power conferred by this Part) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
Where the property to which the application relates is being detained under this Part as part of an item of property, having been seized under article 213H(2) (seizure of listed assets), paragraph (11) is to be read as if it required the continued detention of the whole of the item of property.
Annotations
Textual amendments
- F1
Pt. 5A inserted (12.11.2019) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 30
- F2
Art. 213L(2)(aa) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 12(a)
- F3
Words in art. 213L(3)(a) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 12(b)
Notes on Part 5A
Textual amendments
- F2
Words in Pt. 5A heading omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 6