{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213Z7",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213Z7.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/213Z7",
  "kind": "article",
  "number": "213Z7",
  "heading": "Forfeiture order",
  "text": "(1) This article applies while an account freezing order has effect.\n(2) In this article the account to which the account freezing order applies is “the frozen account”.\n(3) An application for the forfeiture of money held in the frozen account (whether all or part of the credit balance of the account) may be made—\n(a) to a magistrates’ court by a person specified in paragraph (4), or\n(b) to the sheriff by the Scottish Ministers.\n(4) The persons referred to in paragraph (3)(a) are—\n(a) the Commissioners for Her Majesty’s Revenue and Customs,\n(b) a constable, or\n(c) an SFO officer.\n(5) An application under paragraph (3) may only be made for the purpose of giving effect to an external order which is for the recovery of a specified sum of money in the frozen account.\n(6) The court or sheriff may order the forfeiture of the money or any part of it if satisfied that the money referred to in paragraph (5) or part is recoverable property.\n(7) But in the case of recoverable property which belongs to joint tenants, one of whom is an excepted joint owner, an order by a magistrates’ court may not apply to so much of it as the court thinks is attributable to the excepted joint owner’s share.\n(8) Where an application is made under paragraph (3), the account freezing order is to continue to have effect until the time referred to in paragraph (9)(b) or (10).\n(9) Where money held in a frozen account is ordered to be forfeited under paragraph (6)—\n(a) the relevant financial institution with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and\n(b) immediately after the transfer has been made the account freezing order made in relation to the frozen account ceases to have effect.\n(10) Where, other than by the making of an order under paragraph (6), an application under paragraph (3) is determined or otherwise disposed of, the account freezing order ceases to have effect immediately after that determination or other disposal.\n(11) Paragraphs (9)(b) and (10) are subject to article 213Z8 (continuation of account freezing order pending appeal).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 5B 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), 31"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 213Z7(9)(a) substituted (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), 33(f)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3181/article/213Z7",
    "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."
}