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Section 215A Seized personal propertyF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies to personal property which is held by a person and which—

(a)

has been seized by an appropriate officer under a relevant seizure power, or

(b)

has been produced to an appropriate officer in compliance with a production order under section 345.

(2)

This section applies if the following conditions are satisfied—

(a)

a confiscation order is made against the person by whom the property is held;

(b)

a receiver has not been appointed under section 198 in relation to the property;

(c)

any period allowed under section 161 for payment of the amount ordered to be paid under the confiscation order has ended.

(3)

In such a case a magistrates' court may by order authorise an appropriate officer to realise the property.

(4)

In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 190A.

Annotations

Textual amendments

F1

Ss. 215A-215D inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 60(2), 116(1); S.I. 2016/147, art. 3(c)

Notes on Part 4

Modifications

C1

Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)

C2

Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)

C3

Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)

C4

Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)

C5

Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)

C6

Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C7

Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C8

Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)

Notes on Enforcement: money, cryptoassets and personal property

Textual amendments

F1

S. 215 cross-heading substituted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 52; S.R. 2024/82, art. 2