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Section 362DA Extension of period for making determination where interim freezing order has been madeF1F2

(1)

The High Court may, on an application made by the enforcement authority, extend the determination period if satisfied that—

(a)

the enforcement authority is working diligently and expeditiously towards making a determination under section 362D(2),

(b)

further time is needed for the authority to make that determination, and

(c)

it is reasonable in all the circumstances for the period to be extended.

(2)

The application must be made before the determination period would otherwise end.

(3)

An extension of the determination period must end no later than the end of the period of 63 days beginning with the day after that on which the period would otherwise end.

(4)

Where the determination period is extended under subsection (1), it may be further extended by the High Court (and subsections (2) and (3) apply in relation to any further extension as they apply in relation to the first one).

(5)

But the determination period as extended must not in total exceed the period of 186 days starting with the day of compliance (within the meaning given by section 362D(7)(b)).

Annotations

Textual amendments

F1

Ss. 362A-362I and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 1, 58(1)(6) (as amended (N.I.) (31.12.2020) by S.I. 2019/742, regs. 1, 109(2); 2020 c. 1, Sch. 5 para. 1(1)); S.I. 2018/78, reg. 3(a); S.I. 2021/724, reg. 2(1)(a)

F2

Ss. 362DA, 362DB inserted (15.5.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 49(3), 69(1); S.I. 2022/519, regs. 1(3), 2

Notes on Chapter 2

Modifications

C1

Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)