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Article 213M Associated and joint propertyF1

(1)

Articles 213N (agreements about associated and joint property) and 213O (associated and joint property: default of agreement) apply if—

(a)

an application is made under article 213L (forfeiture) in respect of property detained under this Part,

(b)

the court or (in Scotland) the sheriff is satisfied that the property is a listed asset falling within the description specified in an enforcement order which has been forwarded in accordance with article 213A (action to give effect to an external order),

(c)

the court or sheriff is satisfied that all or part of the property is recoverable property, and

(d)

there exists property that is associated with the property in relation to which the court or sheriff is satisfied as mentioned in subparagraph (c).

(2)

Articles 213N and 213O also apply in England and Wales F2and Northern Ireland if—

(a)

an application is made under article 213L in respect of property detained under this Part,

(b)

the court is satisfied that the property is a listed asset,

(c)

the court is satisfied that all or part of the property is recoverable property, and

(d)

the property in relation to which the court is satisfied as mentioned in subparagraph (c) belongs to joint tenants and one of the tenants is an excepted joint owner.

(3)

In this article, and in articles 213N and 213O, “associated property” means property of any of the following descriptions that is not itself the forfeitable property—

(a)

any interest in the forfeitable property;

(b)

any other interest in the property in which the forfeitable property subsists;

(c)

if the forfeitable property is a tenancy in common, the tenancy of the other tenant;

(d)

if (in Scotland) the forfeitable property is owned in common, the interest of the other owner;

(e)

if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property.

References to property being associated with forfeitable property are to be read accordingly.

(4)

In this article, and in articles 213N and 213O, the “forfeitable property” means the property in relation to which the court or sheriff is satisfied as mentioned in paragraph (1)(c) or (2)(c) (as the case may be).

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

Words in art. 213M(2) 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), 13

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