# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 9: Application, discharge and variation of restraint orders

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

(1) A restraint order—
(a) may be made only on an application by the relevant Director;
(b) may be made on an ex parte application to a judge in chambers.
(2) An application to discharge or vary a restraint order or an order under article 8(4) may be made to the Crown Court by—
(a) the relevant Director;
(b) any person affected by the order.
(3) Paragraphs (4) to (7) apply to an application under paragraph (2).
(4) The court—
(a) may discharge the order;
(b) may vary the order.
(5) 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.
(6) If the condition in article 7 which was satisfied was that proceedings were started, the court must discharge 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 Crown Court in accordance with Article 15 of the 2014 Regulations to register an overseas confiscation order which applies to property specified in the restraint order.
(7) If the condition in article 7 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.

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Source: https://www.legislation.gov.uk/uksi/2005/3181/article/9 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.