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Article 213Z8 Continuation of account freezing order pending appealF1

(1)

This article applies where, on an application under paragraph (3) of article 213Z7(forfeiture order) in relation to an account to which an account freezing order applies, the court or sheriff decides—

(a)

to make an order under paragraph (6) of that article in relation to part only of the money to which the application related, or

(b)

not to make an order under paragraph (6) of that article.

(2)

The person who made the application under article 213Z7(3) may apply without notice to the court or sheriff that made the decision referred to in paragraph (1)(a) or (b) for an order that the account freezing order is to continue to have effect.

(3)

Where the court or sheriff makes an order under paragraph (2) the account freezing order is to continue to have effect until—

(a)

the end of the period of 7 days starting with the making of the order under paragraph (2), or

(b)

if within that period of 7 days an appeal is brought under article 213Z9 (appeal against decision under article 213Z7) against the decision referred to in paragraph (1)(a) or (b), the time when the appeal is determined or otherwise disposed of.

(4)

In calculating a period of days for the purposes of this article no account is to be taken of—

(a)

any Saturday or Sunday,

(b)

Christmas Day,

(c)

Good Friday, or

(d)

any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the account freezing order was made.

Annotations

Textual amendments

F1

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

Notes on Part 5B

Textual amendments

F2

Words in Pt. 5B 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), 18

F3

Word in Pt. 5B heading 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), 32

Notes on Chapter 2

Textual amendments

F2

Word in Pt. 5B Ch. 2 heading 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), 32