{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213S",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213S.json",
  "legislation": "uksi/2005/3181",
  "legislation_title": "The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005",
  "legislation_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005",
  "path": "article/213S",
  "kind": "article",
  "number": "213S",
  "heading": "Victims and other owners",
  "text": "(1) A person who claims that any property detained under this Part, or any part of it, belongs to him or her may apply for the property or part to be released.\n(2) An application under paragraph (1) is to be made—\n(a) in England and Wales or Northern Ireland, to a magistrates’ court;\n(b) in Scotland, to the sheriff.\n(3) The application may be made in the course of proceedings under article 213L (forfeiture) or at any other time.\n(4) The court or sheriff may order the property to which the application relates to be released to the applicant if it appears to the court or sheriff that—\n(a) the applicant was deprived of the property to which the application relates, or of property which it represents, by unlawful conduct (within the meaning of section 241 of the Act),\n(b) the property the applicant was deprived of was not, immediately before the applicant was deprived of it, recoverable property, and\n(c) the property belongs to the applicant.\n(5) If paragraph (6) applies, the court or sheriff may order the property to which the application relates to be released to the applicant or to the person from whom it was seized.\n(6) This paragraph applies where—\n(a) the applicant is not the person from whom the property to which the application relates was seized,\n(b) it appears to the court or sheriff that that property belongs to the applicant,\n(c) the court or sheriff is satisfied that the release condition is met in relation to that property, and\n(d) no objection to the making of an order under paragraph (5) has been made by the person from whom that property was seized.\n(7) The release condition is met—\n(a) in relation to property detained under article 213I (detention of seized property), if the conditions in article 213I for the detention of the property are no longer met, and\n(b) in relation to property detained under article 213L, if the court or sheriff decides not to make an order under that article in relation to the property.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 213S(2)(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), 15"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3181/article/213S",
    "retrieved_at": "2026-10-29T04:45:32.650973+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}