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The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 in Northern Ireland

S.I. 2005/3181 · Made 15 November 2005 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 26 April 2025.

PROCEEDS OF CRIME

Made 15th November 2005

Laid before Parliament 25th November 2005

Coming into force 1st January 2006

At the Court at Buckingham Palace, the 15th day of November 2005

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of sections 444 and 459(2) of the Proceeds of Crime Act 2002f1, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:—

Annotations to the whole text

Footnotes

f1

2002 c. 29; section 444 was amended by section 108(2) and (3) of the Serious Organised Crime and Police Act 2005 (c. 15).

Contents

  1. Part 1: GENERAL PROVISIONS
  2. 1Title and commencement
  3. 2Interpretation
  4. 2ACryptoassets etc
  5. 2BMeaning of “UK-connected cryptoasset service provider”
  6. 3Insolvency practitioners
  7. 4Insolvency practitioners: interpretation
  8. 5Orders and regulations
  9. Part 2: GIVING EFFECT IN ENGLAND AND WALES TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS
  10. Chapter 1: EXTERNAL REQUESTS
  11. 6Action on receipt of external request in connection with criminal investigations or proceedings
  12. 7Conditions for Crown Court to give effect to external request
  13. 8Restraint orders
  14. 9Application, discharge and variation of restraint orders
  15. 10Appeal to Court of Appeal about restraint orders
  16. 11Appeal to Supreme Court about restraint orders
  17. 11ADetention of property pending appeal
  18. 12Seizure in pursuance of restraint order Repealed
  19. 13Hearsay evidence in restraint proceedings
  20. 14Supplementary (restraint orders)
  21. 15Appointment of management receivers
  22. 16Powers of management receivers
  23. 17Restrictions relating to restraint orders
  24. Chapter 1A: External requests: search and seizure powers
  25. 17AConditions for exercise of powers
  26. 17BPower to seize property
  27. 17CSearch power: premises
  28. 17DSearch power: people
  29. 17ESearch power: vehicles
  30. 17FAppropriate approval
  31. 17GExercise of powers without judicial approval
  32. 17HReport by appointed person on exercise of powers
  33. 17IInitial detention of seized property
  34. 17JFurther detention pending variation of restraint order
  35. 17KRelease of property
  36. 17LCodes of Practice
  37. Chapter 2: EXTERNAL ORDERS
  38. 18Action on receipt of external order in connection with criminal convictions
  39. 19Authentication by the overseas court
  40. 20Applications to give effect to external orders
  41. 21Conditions for Crown Court to give effect to external orders
  42. 22Registration of external orders
  43. 23Appeal to Court of Appeal about external orders
  44. 24Appeal to Supreme Court about external orders
  45. 24AOrders for securing compliance with external order
  46. 24BAppeal to Court of Appeal against orders under article 24A
  47. 24CAppeal to Supreme Court against orders under article 24A
  48. 25Sums in currency other than sterling
  49. 26Time for payment
  50. 27Appointment of enforcement receivers
  51. 28Powers of enforcement receivers in respect of monetary external orders
  52. 29Powers of enforcement receivers in respect of external orders for the recovery of specified property
  53. 30Appointment of Director of Agency’s receivers Repealed
  54. 31Powers of Director of Agency’s receivers in respect of monetary external orders Repealed
  55. 32Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property Repealed
  56. 33Application of sums by enforcement receivers
  57. 34Sums received by relevant Director
  58. 35Application of sums by Director of Agency’s receivers Repealed
  59. 36Application of sums received by the Director of the Agency Repealed
  60. 37Satisfaction of external order
  61. 38Restrictions relating to enforcement receivers
  62. 39Restrictions relating to Director of the Agency’s receivers Repealed
  63. Chapter 3: RECEIVERS AND PROCEDURE
  64. 40Protection of receiver appointed under articles 15, 27 and 30
  65. 41Further applications by receivers
  66. 42Discharge and variation of receiver orders
  67. 43Management receivers: discharge
  68. 44Appeal to Court of Appeal about receivers
  69. 45Appeal to the Supreme Court about receivers
  70. 46Powers of court and receiver
  71. 47Procedure on appeal to Court of Appeal under Part 2
  72. 48Procedure on appeal to Supreme Court under Part 2
  73. Chapter 3A: Seized personal property
  74. 48ASeized personal property
  75. 48BCosts of storage and realisation
  76. 48CArticles 48A and 48B: appeals
  77. 48DProceeds of realisation
  78. Chapter 4: INTERPRETATION
  79. 49Property
  80. 50Tainted gifts
  81. 51Gifts and their recipients
  82. 52Value: the basic rule
  83. 53Value of tainted gifts
  84. 54Meaning of “defendant”
  85. 54ANo further possibility of appeal
  86. 55Other interpretation
  87. Part 3: GIVING EFFECT IN SCOTLAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS
  88. Chapter 1: EXTERNAL REQUESTS
  89. 56Action on receipt of external request in connection with criminal investigations or proceedings
  90. 57Conditions for court to give effect to external request
  91. 58Restraint orders
  92. 58ARestraint orders: power to retain seized property etc.
  93. 59Application, recall and variation
  94. 60Appeals
  95. 60ADetention of property pending appeal
  96. 61Inhibition of property affected by order
  97. 62Arrestment of property affected by order
  98. 63Management administrators
  99. 64Seizure in pursuance of restraint order Repealed
  100. 65Restraint orders: restrictions on proceedings and remedies
  101. Chapter 1A: External requests: search and seizure powers
  102. 65AConditions for exercise of powers
  103. 65BPower to seize property
  104. 65CSearch power: premises
  105. 65DSearch power: people
  106. 65ESearch power: vehicles
  107. 65FAppropriate approval
  108. 65GExercise of powers without judicial approval
  109. 65HReport by appointed person on exercise of powers
  110. 65IInitial detention of seized property
  111. 65JFurther detention pending variation of restraint order
  112. 65KRelease of property
  113. 65LGuidance by Lord Advocate
  114. Chapter 2: EXTERNAL ORDERS
  115. 66Application to give effect to external orders
  116. 67Authentication by an overseas court
  117. 68Conditions for the court to give effect to external orders
  118. 69Registration of external orders
  119. 70Appeal about external orders
  120. 70AOrders for securing compliance with external order
  121. 70BAppeal against orders under article 70A
  122. 71Sums in currency other than sterling
  123. 72Time for payment
  124. 73Appointment of enforcement administrators
  125. 74Powers of enforcement administrators in respect of monetary external orders
  126. 75Powers of enforcement administrators in respect of external orders for the recovery of specified property
  127. 76Disposal of family home
  128. 77Application of sums by enforcement administrator
  129. 78Sums received by clerk of court
  130. 79Satisfaction of external order
  131. Chapter 3: ADMINISTRATORS AND PROCEDURE
  132. 80Protection of administrator appointed under article 63 or 73
  133. 81Protection of persons affected
  134. 82Recall and variation of order
  135. 83Management administrators: discharge
  136. 84Appeals
  137. 85Administrators: further provision
  138. 86Administrators: restrictions on proceedings and remedies
  139. Chapter 3A: Seized personal property
  140. 86ASeized personal property
  141. 86BCosts of storage and realisation
  142. 86CArticles 86A and 86B: appeals
  143. 86DProceeds of realisation
  144. Chapter 4: INTERPRETATION
  145. 87Property
  146. 88Tainted gifts and their recipients
  147. 89Value: the basic rule
  148. 90Value of tainted gifts
  149. 91Meaning of “accused” and “offender”
  150. 91ANo further possibility of appeal
  151. 92Other interpretation
  152. Part 4: GIVING EFFECT IN NORTHERN IRELAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS
  153. Chapter 5: EXTERNAL REQUESTS
  154. 93Action on receipt of external request in connection with criminal investigations or proceedings
  155. 94Conditions for High Court to give effect to external request
  156. 95Restraint orders
  157. 95ARestraint orders: power to retain seized property
  158. 96Application, discharge and variation of restraint orders
  159. 97Appeal to Court of Appeal about restraint orders
  160. 98Appeal to Supreme Court about restraint orders
  161. 98ADetention of property pending appeal
  162. 99Seizure in pursuance of restraint order Repealed
  163. 100Supplementary (restraint orders)
  164. 101Appointment of management receivers
  165. 102Powers of management receivers
  166. 103Restrictions relating to restraint orders
  167. Chapter 1A: External Requests: Search and Seizure Powers
  168. 103AConditions for exercise of powers
  169. 103BPower to seize property
  170. 103CSearch power: premises
  171. 103DSearch power: people
  172. 103ESearch power: vehicles
  173. 103FAppropriate approval
  174. 103GExercise of powers without judicial approval
  175. 103HReport by appointed person on exercise of powers
  176. 103IInitial detention of seized property
  177. 103JFurther detention pending variation of restraint order
  178. 103KRelease of property
  179. 103LCodes of Practice
  180. Chapter 2: EXTERNAL ORDERS
  181. 104Action on receipt of external order in connection with criminal convictions
  182. 105Authentication by the overseas court
  183. 106Applications to give effect to external orders
  184. 107Conditions for Crown Court to give effect to external orders
  185. 108Registration of external orders
  186. 109Appeal to Court of Appeal about external orders
  187. 110Appeal to Supreme Court about external orders
  188. 110AOrders for securing compliance with external order
  189. 110BAppeal to Court of Appeal against orders under article 110A
  190. 110CAppeal to Supreme Court against orders under article 110B
  191. 111Sums in currency other than sterling
  192. 112Time for payment
  193. 113Appointment of enforcement receivers
  194. 114Powers of enforcement receivers in respect of monetary external orders
  195. 115Powers of enforcement receivers in respect of external orders for the recovery of specified property
  196. 116Appointment of Director of Agency’s receivers Repealed
  197. 117Powers of Director of Agency’s receivers in respect of monetary external orders Repealed
  198. 118Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property Repealed
  199. 119Application of sums by enforcement receivers
  200. 120Sums received by appropriate chief clerk
  201. 121Application of sums by Director of Agency’s receivers Repealed
  202. 122Application of sums received by the Director of the Agency Repealed
  203. 123Satisfaction of external order
  204. 124Restrictions relating to enforcement receivers
  205. 125Restrictions relating to Director of the Agency’s receivers Repealed
  206. Chapter 3: RECEIVERS AND PROCEDURE
  207. 126Protection of receiver appointed under articles 101, 113 and 116
  208. 127Further applications by receivers
  209. 128Discharge and variation of receiver orders
  210. 129Management receivers: discharge
  211. 130Appeal to Court of Appeal about receivers
  212. 131Appeal to the Supreme Court about receivers
  213. 132Powers of court and receiver
  214. 133Procedure on appeal to Court of Appeal under Part 4
  215. 134Procedure on appeal to Supreme Court under Part 4
  216. Chapter 3A: Seized Personal Property
  217. 134ASeized personal property
  218. 134BCosts of storage and realisation
  219. 134CArticles 134A and 134B: appeals
  220. 134DProceeds of realisation
  221. Chapter 4: INTERPRETATION
  222. 135Property
  223. 136Tainted gifts
  224. 137Gifts and their recipients
  225. 138Value: the basic rule
  226. 139Value of tainted gifts
  227. 140Meaning of “defendant”
  228. 140ANo further possibility of appeal
  229. 141Other interpretation
  230. Part 4A: Giving effect in England and Wales and Northern Ireland to Requests by means of Civil Proceedings
  231. 141AGeneral
  232. 141BAction on receipt of external request
  233. 141CHigh Court giving effect to external request
  234. 141DHigh Court proceedings for a prohibition order following an external request
  235. 141EApplication, variation and setting aside of order
  236. 141FGeneral exceptions
  237. 141GExclusions
  238. 141HRestriction on proceedings and remedies
  239. 141IReceiver in connection with prohibition order
  240. 141JPowers of receiver
  241. 141KSupervision of receiver and variations
  242. 141LRegistration
  243. 141MRegistration (Northern Ireland)
  244. 141NCompensation
  245. 141OFinancial threshold
  246. 141PInsolvency
  247. 141QInsolvency: interpretation
  248. 141RInterpretation
  249. Part 4B: Giving effect in Scotland to External Requests by means of Civil Proceedings
  250. 141ZAGeneral
  251. 141ZBAction on receipt of external request
  252. 141ZCProceedings for a prohibition order following an external request
  253. 141ZDApplication, variation and recall of prohibition order
  254. 141ZEGeneral exceptions
  255. 141ZFExclusions
  256. 141ZGProhibition orders: restriction on proceedings and remedies
  257. 141ZHInhibition of property affected by prohibition order
  258. 141ZHAReceivers in connection with prohibition orders
  259. 141ZHBPowers of receivers appointed under article 141ZHA
  260. 141ZHCSupervision of receiver and variations
  261. 141ZIArrestment of property affected by prohibition order
  262. 141ZJCompensation
  263. 141ZKFinancial threshold
  264. 141ZLInsolvency
  265. 141ZMInsolvency: interpretation
  266. 141ZNInterpretation
  267. Part 5: GIVING EFFECT IN THE UNITED KINGDOM TO EXTERNAL ORDERS BY MEANS OF CIVIL RECOVERY
  268. Chapter 1: INTRODUCTION
  269. 142Action to give effect to an order
  270. Chapter 2: CIVIL RECOVERY IN THE HIGH COURT OR COURT OF SESSION
  271. Proceedings for recovery orders
  272. 143Proceedings for recovery orders in England and Wales or Northern Ireland
  273. 144Proceedings for recovery orders in Scotland
  274. 145Sums in a currency other than sterling
  275. 146“Associated property”
  276. Property freezing orders (England and Wales and Northern Ireland)
  277. 147Application for property freezing order
  278. 148Variation and setting aside of property freezing order
  279. 149Property freezing orders: exclusions
  280. 150Property freezing orders: restrictions on proceedings and remedies
  281. 150AReceivers in connection with property freezing orders
  282. 150BPowers of receivers appointed under article 150A
  283. 150CSupervision of article 150A receiver and variations
  284. Interim receiving orders (England and Wales and Northern Ireland)
  285. 151Application for interim receiving order
  286. 152Functions of interim receiver
  287. Property freezing orders and interim receiving orders: registration
  288. 153Registration of property freezing orders and interim receiving orders
  289. 154Registration (Northern Ireland) of such orders
  290. Interim receiving orders: further provisions
  291. 155Interim receiving orders: duties of respondent etc.
  292. 156Supervision of interim receiver and variation of order
  293. 157Interim receiving orders: restrictions on dealing etc. with property
  294. 158Interim receiving orders: restriction on proceedings and remedies
  295. 159Exclusion of property which is not recoverable etc. under interim receiving order
  296. 160Reporting under interim receiving order
  297. Prohibitory property orders (Scotland)
  298. 161Application for prohibitory property order
  299. 162Variation and recall of prohibitory property order
  300. 163Prohibitory property orders: exclusions
  301. 164Prohibitory property orders: restriction on proceedings and remedies
  302. 165Arrestment of property affected by prohibitory property order
  303. 166Inhibition of property affected by prohibitory property order
  304. 166AReceivers in connection with prohibitory property orders
  305. 166BPowers of receivers appointed under article 166A
  306. 166CSupervision of PPO receiver and variations
  307. Interim administration orders (Scotland)
  308. 167Application for interim administration order
  309. 168Functions of interim administrator
  310. 169Inhibition of property affected by order
  311. 170Interim administration orders: duties of respondent etc.
  312. 171Supervision of interim administrator and variation of order
  313. 172Interim administration orders: restrictions on dealing etc. with property
  314. 173Interim administration orders: restrictions on proceedings and remedies
  315. 174Exclusion of property which is not recoverable etc. under interim administration order
  316. 175Reporting under interim administration order
  317. 176Arrestment of property affected by interim administration order
  318. Vesting and realisation of recoverable property
  319. 177Recovery orders
  320. 178Functions of the trustee for civil recovery
  321. 179Recording of recovery order (Scotland)
  322. 180Rights of pre-emption etc.
  323. 181Associated and joint property
  324. 182Agreements about associated and joint property
  325. 183Associated and joint property: default of agreement
  326. 184Payments in respect of rights under pension schemes
  327. 185Consequential adjustment of liabilities under pension schemes
  328. 186Pension schemes: supplementary
  329. 187Consent orders
  330. 188Consent orders: pensions
  331. 189Limit on recovery
  332. 190Article 189: supplementary
  333. 191Applying realised proceeds
  334. Exemptions etc.
  335. 192Victims of theft etc.
  336. 193Other exemptions
  337. Miscellaneous
  338. 194Compensation
  339. 195Payment of interim administrator or trustee (Scotland)
  340. 196Effect on diligence of recovery order (Scotland)
  341. 197Scope of powers (Scotland)
  342. 198Legal expenses excluded from freezing: required conditions
  343. 199Legal expenses: regulations for purposes of article 177(11) or 198(3)
  344. 200Financial threshold
  345. 201Limitation
  346. Chapter 3: GENERAL
  347. Recoverable property
  348. 202Recoverable property: property or sum of money specified in the external order
  349. 203Tracing property, etc.
  350. 204Mixing property
  351. 205Recoverable property: general exceptions
  352. 206Other exemptions
  353. 207Granting interests
  354. Insolvency
  355. 208Insolvency
  356. Delegation of enforcement functions
  357. 209Performance of functions of Scottish Ministers by constables in Scotland
  358. 210Restriction on performance of Director’s functions by police Repealed
  359. Interpretation
  360. 211Obtaining and disposing of property
  361. 212Northern Ireland courts
  362. 213General interpretation
  363. Part 5A: Giving effect ... to external orders by means of the forfeiture of certain personal (or moveable) property
  364. Chapter 1: Introduction
  365. 213AAction to give effect to an external order
  366. 213AAExtent
  367. Chapter 2: Search, Seizure, Detention and Forfeiture of Listed Assets
  368. 213B“Listed asset”
  369. 213CSearches
  370. 213DSearches: supplemental provision
  371. 213EPrior Approval
  372. 213FReport on exercise of powers
  373. 213GCodes of Practice
  374. 213HSeizure of listed assets
  375. 213IDetention of seized property
  376. 213JTesting and safekeeping of property seized under article 213H
  377. 213KRelease of detained property
  378. 213LForfeiture
  379. 213MAssociated and joint property
  380. 213NAgreements about associated and joint property
  381. 213OAssociated and joint property: default of agreement
  382. 213PArticles 213L to 213O: appeals
  383. 213QRealisation of forfeited property
  384. 213RProceeds of realisation
  385. 213SVictims and other owners
  386. 213TCompensation
  387. 213UPowers for prosecutors to appear in proceedings
  388. 213V“The minimum value”
  389. 213WInterpretation
  390. Part 5B: Giving effect ... to external requests and orders by means of the freezing and forfeiture of money held in certain accounts
  391. Chapter 1: Introduction
  392. 213XGeneral
  393. 213XAExtent
  394. 213YAction on receipt of an external request
  395. 213ZAction to give effect to an external order
  396. Chapter 2: Freezing and Forfeiture of Money Held in certain Accounts
  397. 213Z1Application for account freezing order
  398. 213Z2Restrictions on making of application under article 213Z1
  399. 213Z3Making of account freezing order
  400. 213Z4Variation and setting aside of account freezing order
  401. 213Z5Exclusions
  402. 213Z6Restriction on proceedings and remedies
  403. 213Z7Forfeiture order
  404. 213Z8Continuation of account freezing order pending appeal
  405. 213Z9Appeal against decision under article 213Z7
  406. 213Z10Application of money forfeited under account forfeiture order
  407. 213Z11Compensation
  408. 213Z12Powers for prosecutors to appear in proceedings
  409. 213Z13Interpretation
  410. Part 5C: Giving effect to external requests and orders by means of the forfeiture of cryptoassets and cryptoasset-related items
  411. Chapter 1: Introduction
  412. 213Z14General
  413. 213Z15Action on receipt of an external request
  414. 213Z16Action to give effect to an external order
  415. 213Z17Interpretation
  416. 213Z18Extent
  417. Chapter 2: Application of Chapters 3C to 3F of Part 5 of the Act with modifications
  418. 213Z19Recovery of cryptoassets: searches, seizure and detention
  419. 213Z20Freezing of crypto wallets
  420. 213Z21Forfeiture
  421. 213Z22Conversion, detention, release and forfeiture of converted cryptoassets
  422. Signature
  423. Schedule 1: ADMINISTRATORS (SCOTLAND): FURTHER PROVISION
  424. 1General
  425. 2Appointment etc
  426. 3Functions
  427. 4Consent of accountant of court
  428. 5Dealings in good faith with administrator
  429. 6Money received by administrator
  430. 7Effect of appointment of administrator on diligence
  431. 8Supervision
  432. 9Accounts and remuneration
  433. 10Discharge of administrator
  434. Schedule 2: POWERS OF INTERIM RECEIVER OR ADMINISTRATOR
  435. 1Seizure
  436. 2Information
  437. 3Entry, search, etc.
  438. 4Supplementary
  439. 5Management
  440. Schedule 3: POWERS OF TRUSTEE FOR CIVIL RECOVERY
  441. 1Sale
  442. 2Expenditure
  443. 3Management
  444. 4Legal proceedings
  445. 5Compromise
  446. 6Supplementary
  447. Schedule 4: RECOVERY FROM PENSION SCHEMES
  448. 1Interpretation
  449. 2Calculation and verification of the value of rights under pension schemes
  450. 3Calculation and verification of the value of rights under destination arrangements
  451. 4Approval of manner of calculation and verification of the value of rights
  452. 5Time for compliance with a pension recovery order
  453. Schedule 5PRESCRIBED ENACTMENTS – PROPERTY WHICH IS NOT RECOVERABLE PROPERTY
  454. Explanatory note