Article 42 Discharge and variation of receiver ordersI1
United Kingdom
The following persons may apply to the Crown Court to vary or discharge an order made under article 15, 16 or 27 F1to 29—
the receiver;
the relevant Director;
any person affected by the order.
On an application under this article the court—
may discharge the order;
may vary the order.
But in the case of an order under article 15 or 16—
if the condition in article 7 which was satisfied was that proceedings were started, the court must discharge the order if at the conclusion of the proceedings no external order has been made;
if the condition which was satisfied was that proceedings were started, the court must discharge the order if within a reasonable time an external order has not been registered under Chapter 2 of this Part;
if the condition which was satisfied was that an investigation was started, the court must discharge the order if within a reasonable time proceedings for the offence are not started.
Annotations
Textual amendments
- F1
Words in art. 42(1) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 2(16)