Article 38 Restrictions relating to enforcement receiversI1
United Kingdom
Paragraphs (2) to (4) apply if a court makes an order under article 27 appointing a receiver in respect of any realisable property or specified property.
No distress may be levied against the property except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
If the receiver is appointed in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within paragraph (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
A right is within this paragraph if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
If a court in which proceedings are pending in respect of any property is satisfied that an order under article 27 appointing a receiver in respect of the property has been applied for or made, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
Before exercising any power conferred by paragraph (5), the court must give an opportunity to be heard to—
the relevant Director F1..., and
the receiver (if the order under article 27 has been made).
Annotations
Textual amendments
- F1
Words in art. 38(6)(a) omitted (1.4.2008) by virtue of The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 2(13)