# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 213O: Associated and joint property: default of agreement


(1) Where this article applies and there is no agreement under article 213N (agreements about associated and joint property), the magistrates’ court or sheriff—
(a) must transfer the application made under article 213L (forfeiture) to the relevant court if satisfied that the value of the forfeitable property and any associated property is £10,000 or more;
(b) may transfer the application made under article 213L to the relevant court if satisfied that the value of the forfeitable property and any associated property is less than £10,000.
(2) The “relevant court” is—
(a) the High Court, where the application under article 213L was made to a magistrates’ court;
(b) the Court of Session, where the application under article 213L was made to the sheriff.
(3) Where (under paragraph (1)(a) or (b)) an application made under article 213L is transferred to the relevant court, the relevant court may order the forfeiture of the property to which the application relates, or any part of that property, if satisfied that—
(a) the property is a listed asset, and
(b) what is to be forfeited is recoverable property.
(4) An order under paragraph (3) made by the High Court may include provision of the type that may be included in an order under article 213L(5) made by a magistrates’ court by virtue of article 213L(7).
(5) If provision is included in an order of the High Court by virtue of paragraph (4) of this article, article 213L(7) and (8) apply with the necessary modifications.
(6) The relevant court may, as well as making an order under paragraph (3), make an order—
(a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner’s interest to be extinguished, or
(b) providing for the excepted joint owner’s interest to be severed.
(7) Where (under paragraph (1)(b)) the magistrates’ court or sheriff decides not to transfer an application made under article 213L to the relevant court, the magistrates’ court or sheriff may, as well as making an order under article 213L(5), make an order—
(a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner’s interest to be extinguished, or
(b) providing for the excepted joint owner’s interest to be severed.
(8) An order under paragraph (6) or (7) may be made only if the relevant court, the magistrates’ court or the sheriff (as the case may be) thinks it just and equitable to do so.
(9) An order under paragraph (6) or (7) must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner.
(10) In making an order under paragraph (6) or (7), and including provision in it by virtue of paragraph (9), the relevant court, the magistrates’ court or the sheriff (as the case may be) must have regard to—
(a) the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may) of that person’s share (including any value that cannot be assessed in terms of money), and
(b) the interest of the person who applied for the order under article 213L in realising the value of the forfeitable property.
(11) If the relevant court, the magistrates’ court or the sheriff (as the case may be) is satisfied that—
(a) the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of the seizure of the forfeitable property and any associated property under article 213H (seizure of listed assets) and its subsequent detention, and
(b) the circumstances are exceptional,
an order under paragraph (6) or (7) may require the payment of compensation to that person.
(12) The amount of compensation to be paid by virtue of paragraph (11) is the amount the relevant court, the magistrates’ court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(13) Compensation to be paid by virtue of paragraph (11) is to be paid in the same way that compensation is to be paid under article 213T (compensation).

---
Source: https://www.legislation.gov.uk/uksi/2005/3181/article/213O (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213O
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.