# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 59: Application, recall and variation

Extent: E+W+S+N.I.

(1) A restraint order may be made on an ex parte application by the Lord Advocate, which may be heard in chambers.
(2) The Lord Advocate must intimate an order to every person affected by it.
(3) Paragraph (2) does not affect the time when the order becomes effective.
(4) The Lord Advocate and any person affected by the order may apply to the court to recall the order or to vary it and paragraphs (5) to (9) apply in such a case.
(5) If an application under paragraph (4) in relation to an order has been made but not determined, realisable property to which the order applies must not be realised.
(6) The court may—
(a) recall the order;
(b) vary the order.
(7) If the condition in article 57 which was satisfied was that proceedings were instituted, the court must recall the order if, at the conclusion of the proceedings, no external order has been made.
(8) If the condition in article 57 which was satisfied was that proceedings were instituted, the court must recall the order if within a reasonable time—
(a) an external order has not been registered under Chapter 2 of this Part, or
(b) there has been no direction by the Court of Session in accordance with paragraph 11 of Schedule 1 to the 2014 Regulations to register an overseas confiscation order which applies to property specified in the restraint order.
(9) If the condition in article 57 which was satisfied was that an investigation was instituted, the court must recall the order if within a reasonable time proceedings for the offence are not instituted.

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Source: https://www.legislation.gov.uk/uksi/2005/3181/article/59 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.