The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
S.I. 2005/3181 · Made 15 November 2005 · Extends to United Kingdom
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
- Part 1: GENERAL PROVISIONS
- 1Title and commencement
- 2Interpretation
- 2ACryptoassets etc
- 2BMeaning of “UK-connected cryptoasset service provider”
- 3Insolvency practitioners
- 4Insolvency practitioners: interpretation
- 5Orders and regulations
- 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
- Chapter 1: EXTERNAL REQUESTS
- 6Action on receipt of external request in connection with criminal investigations or proceedings
- 7Conditions for Crown Court to give effect to external request
- 8Restraint orders
- 8ARestraint orders: power to retain seized property etc
- 9Application, discharge and variation of restraint orders
- 10Appeal to Court of Appeal about restraint orders
- 11Appeal to Supreme Court about restraint orders
- 11ADetention of property pending appeal
- 12Seizure in pursuance of restraint order Repealed
- 13Hearsay evidence in restraint proceedings
- 14Supplementary (restraint orders)
- 15Appointment of management receivers
- 16Powers of management receivers
- 17Restrictions relating to restraint orders
- Chapter 1A: External requests: search and seizure powers
- 17AConditions for exercise of powers
- 17BPower to seize property
- 17CSearch power: premises
- 17DSearch power: people
- 17ESearch power: vehicles
- 17FAppropriate approval
- 17GExercise of powers without judicial approval
- 17HReport by appointed person on exercise of powers
- 17IInitial detention of seized property
- 17JFurther detention pending variation of restraint order
- 17KRelease of property
- 17LCodes of Practice
- Chapter 2: EXTERNAL ORDERS
- 18Action on receipt of external order in connection with criminal convictions
- 19Authentication by the overseas court
- 20Applications to give effect to external orders
- 21Conditions for Crown Court to give effect to external orders
- 22Registration of external orders
- 23Appeal to Court of Appeal about external orders
- 24Appeal to Supreme Court about external orders
- 24AOrders for securing compliance with external order
- 24BAppeal to Court of Appeal against orders under article 24A
- 24CAppeal to Supreme Court against orders under article 24A
- 25Sums in currency other than sterling
- 26Time for payment
- 27Appointment of enforcement receivers
- 28Powers of enforcement receivers in respect of monetary external orders
- 29Powers of enforcement receivers in respect of external orders for the recovery of specified property
- 30Appointment of Director of Agency’s receivers Repealed
- 31Powers of Director of Agency’s receivers in respect of monetary external orders Repealed
- 32Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property Repealed
- 33Application of sums by enforcement receivers
- 34Sums received by relevant Director
- 35Application of sums by Director of Agency’s receivers Repealed
- 36Application of sums received by the Director of the Agency Repealed
- 37Satisfaction of external order
- 38Restrictions relating to enforcement receivers
- 39Restrictions relating to Director of the Agency’s receivers Repealed
- Chapter 3: RECEIVERS AND PROCEDURE
- 40Protection of receiver appointed under articles 15, 27 and 30
- 41Further applications by receivers
- 42Discharge and variation of receiver orders
- 43Management receivers: discharge
- 44Appeal to Court of Appeal about receivers
- 45Appeal to the Supreme Court about receivers
- 46Powers of court and receiver
- 47Procedure on appeal to Court of Appeal under Part 2
- 48Procedure on appeal to Supreme Court under Part 2
- Chapter 3A: Seized personal property
- 48ASeized personal property
- 48BCosts of storage and realisation
- 48CArticles 48A and 48B: appeals
- 48DProceeds of realisation
- Chapter 4: INTERPRETATION
- 49Property
- 50Tainted gifts
- 51Gifts and their recipients
- 52Value: the basic rule
- 53Value of tainted gifts
- 54Meaning of “defendant”
- 54ANo further possibility of appeal
- 55Other interpretation
- Part 3: GIVING EFFECT IN SCOTLAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS
- Chapter 1: EXTERNAL REQUESTS
- 56Action on receipt of external request in connection with criminal investigations or proceedings
- 57Conditions for court to give effect to external request
- 58Restraint orders
- 58ARestraint orders: power to retain seized property etc.
- 59Application, recall and variation
- 60Appeals
- 60ADetention of property pending appeal
- 61Inhibition of property affected by order
- 62Arrestment of property affected by order
- 63Management administrators
- 64Seizure in pursuance of restraint order Repealed
- 65Restraint orders: restrictions on proceedings and remedies
- Chapter 1A: External requests: search and seizure powers
- 65AConditions for exercise of powers
- 65BPower to seize property
- 65CSearch power: premises
- 65DSearch power: people
- 65ESearch power: vehicles
- 65FAppropriate approval
- 65GExercise of powers without judicial approval
- 65HReport by appointed person on exercise of powers
- 65IInitial detention of seized property
- 65JFurther detention pending variation of restraint order
- 65KRelease of property
- 65LGuidance by Lord Advocate
- Chapter 2: EXTERNAL ORDERS
- 66Application to give effect to external orders
- 67Authentication by an overseas court
- 68Conditions for the court to give effect to external orders
- 69Registration of external orders
- 70Appeal about external orders
- 70AOrders for securing compliance with external order
- 70BAppeal against orders under article 70A
- 71Sums in currency other than sterling
- 72Time for payment
- 73Appointment of enforcement administrators
- 74Powers of enforcement administrators in respect of monetary external orders
- 75Powers of enforcement administrators in respect of external orders for the recovery of specified property
- 76Disposal of family home
- 77Application of sums by enforcement administrator
- 78Sums received by clerk of court
- 79Satisfaction of external order
- Chapter 3: ADMINISTRATORS AND PROCEDURE
- 80Protection of administrator appointed under article 63 or 73
- 81Protection of persons affected
- 82Recall and variation of order
- 83Management administrators: discharge
- 84Appeals
- 85Administrators: further provision
- 86Administrators: restrictions on proceedings and remedies
- Chapter 3A: Seized personal property
- 86ASeized personal property
- 86BCosts of storage and realisation
- 86CArticles 86A and 86B: appeals
- 86DProceeds of realisation
- Chapter 4: INTERPRETATION
- 87Property
- 88Tainted gifts and their recipients
- 89Value: the basic rule
- 90Value of tainted gifts
- 91Meaning of “accused” and “offender”
- 91ANo further possibility of appeal
- 92Other interpretation
- 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
- Chapter 5: EXTERNAL REQUESTS
- 93Action on receipt of external request in connection with criminal investigations or proceedings
- 94Conditions for High Court to give effect to external request
- 95Restraint orders
- 95ARestraint orders: power to retain seized property
- 96Application, discharge and variation of restraint orders
- 97Appeal to Court of Appeal about restraint orders
- 98Appeal to Supreme Court about restraint orders
- 98ADetention of property pending appeal
- 99Seizure in pursuance of restraint order Repealed
- 100Supplementary (restraint orders)
- 101Appointment of management receivers
- 102Powers of management receivers
- 103Restrictions relating to restraint orders
- Chapter 1A: External Requests: Search and Seizure Powers
- 103AConditions for exercise of powers
- 103BPower to seize property
- 103CSearch power: premises
- 103DSearch power: people
- 103ESearch power: vehicles
- 103FAppropriate approval
- 103GExercise of powers without judicial approval
- 103HReport by appointed person on exercise of powers
- 103IInitial detention of seized property
- 103JFurther detention pending variation of restraint order
- 103KRelease of property
- 103LCodes of Practice
- Chapter 2: EXTERNAL ORDERS
- 104Action on receipt of external order in connection with criminal convictions
- 105Authentication by the overseas court
- 106Applications to give effect to external orders
- 107Conditions for Crown Court to give effect to external orders
- 108Registration of external orders
- 109Appeal to Court of Appeal about external orders
- 110Appeal to Supreme Court about external orders
- 110AOrders for securing compliance with external order
- 110BAppeal to Court of Appeal against orders under article 110A
- 110CAppeal to Supreme Court against orders under article 110B
- 111Sums in currency other than sterling
- 112Time for payment
- 113Appointment of enforcement receivers
- 114Powers of enforcement receivers in respect of monetary external orders
- 115Powers of enforcement receivers in respect of external orders for the recovery of specified property
- 116Appointment of Director of Agency’s receivers Repealed
- 117Powers of Director of Agency’s receivers in respect of monetary external orders Repealed
- 118Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property Repealed
- 119Application of sums by enforcement receivers
- 120Sums received by appropriate chief clerk
- 121Application of sums by Director of Agency’s receivers Repealed
- 122Application of sums received by the Director of the Agency Repealed
- 123Satisfaction of external order
- 124Restrictions relating to enforcement receivers
- 125Restrictions relating to Director of the Agency’s receivers Repealed
- Chapter 3: RECEIVERS AND PROCEDURE
- 126Protection of receiver appointed under articles 101, 113 and 116
- 127Further applications by receivers
- 128Discharge and variation of receiver orders
- 129Management receivers: discharge
- 130Appeal to Court of Appeal about receivers
- 131Appeal to the Supreme Court about receivers
- 132Powers of court and receiver
- 133Procedure on appeal to Court of Appeal under Part 4
- 134Procedure on appeal to Supreme Court under Part 4
- Chapter 3A: Seized Personal Property
- 134ASeized personal property
- 134BCosts of storage and realisation
- 134CArticles 134A and 134B: appeals
- 134DProceeds of realisation
- Chapter 4: INTERPRETATION
- 135Property
- 136Tainted gifts
- 137Gifts and their recipients
- 138Value: the basic rule
- 139Value of tainted gifts
- 140Meaning of “defendant”
- 140ANo further possibility of appeal
- 141Other interpretation
- Part 4A: Giving effect in England and Wales and Northern Ireland to Requests by means of Civil Proceedings
- 141AGeneral
- 141BAction on receipt of external request
- 141CHigh Court giving effect to external request
- 141DHigh Court proceedings for a prohibition order following an external request
- 141EApplication, variation and setting aside of order
- 141FGeneral exceptions
- 141GExclusions
- 141HRestriction on proceedings and remedies
- 141IReceiver in connection with prohibition order
- 141JPowers of receiver
- 141KSupervision of receiver and variations
- 141LRegistration
- 141MRegistration (Northern Ireland)
- 141NCompensation
- 141NALegal expenses excluded from prohibition: required conditions
- 141NBLegal expenses: regulations for purposes of article 141G(4A)
- 141OFinancial threshold
- 141PInsolvency
- 141QInsolvency: interpretation
- 141RInterpretation
- Part 4B: Giving effect in Scotland to External Requests by means of Civil Proceedings
- 141ZAGeneral
- 141ZBAction on receipt of external request
- 141ZCProceedings for a prohibition order following an external request
- 141ZDApplication, variation and recall of prohibition order
- 141ZEGeneral exceptions
- 141ZFExclusions
- 141ZGProhibition orders: restriction on proceedings and remedies
- 141ZHInhibition of property affected by prohibition order
- 141ZHAReceivers in connection with prohibition orders
- 141ZHBPowers of receivers appointed under article 141ZHA
- 141ZHCSupervision of receiver and variations
- 141ZIArrestment of property affected by prohibition order
- 141ZJCompensation
- 141ZKFinancial threshold
- 141ZLInsolvency
- 141ZMInsolvency: interpretation
- 141ZNInterpretation
- Part 5: GIVING EFFECT IN THE UNITED KINGDOM TO EXTERNAL ORDERS BY MEANS OF CIVIL RECOVERY
- Chapter 1: INTRODUCTION
- 142Action to give effect to an order
- Chapter 2: CIVIL RECOVERY IN THE HIGH COURT OR COURT OF SESSION
- Proceedings for recovery orders
- 143Proceedings for recovery orders in England and Wales or Northern Ireland
- 144Proceedings for recovery orders in Scotland
- 145Sums in a currency other than sterling
- 146“Associated property”
- Property freezing orders (England and Wales and Northern Ireland)
- 147Application for property freezing order
- 148Variation and setting aside of property freezing order
- 149Property freezing orders: exclusions
- 150Property freezing orders: restrictions on proceedings and remedies
- 150AReceivers in connection with property freezing orders
- 150BPowers of receivers appointed under article 150A
- 150CSupervision of article 150A receiver and variations
- Interim receiving orders (England and Wales and Northern Ireland)
- 151Application for interim receiving order
- 152Functions of interim receiver
- Property freezing orders and interim receiving orders: registration
- 153Registration of property freezing orders and interim receiving orders
- 154Registration (Northern Ireland) of such orders
- Interim receiving orders: further provisions
- 155Interim receiving orders: duties of respondent etc.
- 156Supervision of interim receiver and variation of order
- 157Interim receiving orders: restrictions on dealing etc. with property
- 158Interim receiving orders: restriction on proceedings and remedies
- 159Exclusion of property which is not recoverable etc. under interim receiving order
- 160Reporting under interim receiving order
- Prohibitory property orders (Scotland)
- 161Application for prohibitory property order
- 162Variation and recall of prohibitory property order
- 163Prohibitory property orders: exclusions
- 164Prohibitory property orders: restriction on proceedings and remedies
- 165Arrestment of property affected by prohibitory property order
- 166Inhibition of property affected by prohibitory property order
- 166AReceivers in connection with prohibitory property orders
- 166BPowers of receivers appointed under article 166A
- 166CSupervision of PPO receiver and variations
- Interim administration orders (Scotland)
- 167Application for interim administration order
- 168Functions of interim administrator
- 169Inhibition of property affected by order
- 170Interim administration orders: duties of respondent etc.
- 171Supervision of interim administrator and variation of order
- 172Interim administration orders: restrictions on dealing etc. with property
- 173Interim administration orders: restrictions on proceedings and remedies
- 174Exclusion of property which is not recoverable etc. under interim administration order
- 175Reporting under interim administration order
- 176Arrestment of property affected by interim administration order
- Vesting and realisation of recoverable property
- 177Recovery orders
- 178Functions of the trustee for civil recovery
- 179Recording of recovery order (Scotland)
- 180Rights of pre-emption etc.
- 181Associated and joint property
- 182Agreements about associated and joint property
- 183Associated and joint property: default of agreement
- 184Payments in respect of rights under pension schemes
- 185Consequential adjustment of liabilities under pension schemes
- 186Pension schemes: supplementary
- 187Consent orders
- 188Consent orders: pensions
- 189Limit on recovery
- 190Article 189: supplementary
- 191Applying realised proceeds
- Exemptions etc.
- 192Victims of theft etc.
- 193Other exemptions
- Miscellaneous
- 194Compensation
- 195Payment of interim administrator or trustee (Scotland)
- 196Effect on diligence of recovery order (Scotland)
- 197Scope of powers (Scotland)
- 198Legal expenses excluded from freezing: required conditions
- 199Legal expenses: regulations for purposes of article 177(11) or 198(3)
- 200Financial threshold
- 201Limitation
- Chapter 3: GENERAL
- Recoverable property
- 202Recoverable property: property or sum of money specified in the external order
- 203Tracing property, etc.
- 204Mixing property
- 205Recoverable property: general exceptions
- 206Other exemptions
- 207Granting interests
- Insolvency
- 208Insolvency
- Delegation of enforcement functions
- 209Performance of functions of Scottish Ministers by constables in Scotland
- 210Restriction on performance of Director’s functions by police Repealed
- Interpretation
- 211Obtaining and disposing of property
- 212Northern Ireland courts
- 213General interpretation
- Part 5A: Giving effect ... to external orders by means of the forfeiture of certain personal (or moveable) property
- Chapter 1: Introduction
- 213AAction to give effect to an external order
- 213AAExtent
- Chapter 2: Search, Seizure, Detention and Forfeiture of Listed Assets
- 213B“Listed asset”
- 213CSearches
- 213DSearches: supplemental provision
- 213EPrior Approval
- 213FReport on exercise of powers
- 213GCodes of Practice
- 213HSeizure of listed assets
- 213IDetention of seized property
- 213JTesting and safekeeping of property seized under article 213H
- 213KRelease of detained property
- 213LForfeiture
- 213MAssociated and joint property
- 213NAgreements about associated and joint property
- 213OAssociated and joint property: default of agreement
- 213PArticles 213L to 213O: appeals
- 213QRealisation of forfeited property
- 213RProceeds of realisation
- 213SVictims and other owners
- 213TCompensation
- 213UPowers for prosecutors to appear in proceedings
- 213V“The minimum value”
- 213WInterpretation
- Part 5B: Giving effect ... to external requests and orders by means of the freezing and forfeiture of money held in certain accounts
- Chapter 1: Introduction
- 213XGeneral
- 213XAExtent
- 213YAction on receipt of an external request
- 213ZAction to give effect to an external order
- Chapter 2: Freezing and Forfeiture of Money Held in certain Accounts
- 213Z1Application for account freezing order
- 213Z2Restrictions on making of application under article 213Z1
- 213Z3Making of account freezing order
- 213Z4Variation and setting aside of account freezing order
- 213Z5Exclusions
- 213Z6Restriction on proceedings and remedies
- 213Z7Forfeiture order
- 213Z8Continuation of account freezing order pending appeal
- 213Z9Appeal against decision under article 213Z7
- 213Z10Application of money forfeited under account forfeiture order
- 213Z11Compensation
- 213Z12Powers for prosecutors to appear in proceedings
- 213Z13Interpretation
- Part 5C: Giving effect to external requests and orders by means of the forfeiture of cryptoassets and cryptoasset-related items
- Chapter 1: Introduction
- 213Z14General
- 213Z15Action on receipt of an external request
- 213Z16Action to give effect to an external order
- 213Z17Interpretation
- 213Z18Extent
- Chapter 2: Application of Chapters 3C to 3F of Part 5 of the Act with modifications
- 213Z19Recovery of cryptoassets: searches, seizure and detention
- 213Z20Freezing of crypto wallets
- 213Z21Forfeiture
- 213Z22Conversion, detention, release and forfeiture of converted cryptoassets
- Signature
- Schedule 1: ADMINISTRATORS (SCOTLAND): FURTHER PROVISION
- 1General
- 2Appointment etc
- 3Functions
- 4Consent of accountant of court
- 5Dealings in good faith with administrator
- 6Money received by administrator
- 7Effect of appointment of administrator on diligence
- 8Supervision
- 9Accounts and remuneration
- 10Discharge of administrator
- Schedule 2: POWERS OF INTERIM RECEIVER OR ADMINISTRATOR
- 1Seizure
- 2Information
- 3Entry, search, etc.
- 4Supplementary
- 5Management
- Schedule 3: POWERS OF TRUSTEE FOR CIVIL RECOVERY
- 1Sale
- 2Expenditure
- 3Management
- 4Legal proceedings
- 5Compromise
- 6Supplementary
- Schedule 4: RECOVERY FROM PENSION SCHEMES
- 1Interpretation
- 2Calculation and verification of the value of rights under pension schemes
- 3Calculation and verification of the value of rights under destination arrangements
- 4Approval of manner of calculation and verification of the value of rights
- 5Time for compliance with a pension recovery order
- Schedule 5PRESCRIBED ENACTMENTS – PROPERTY WHICH IS NOT RECOVERABLE PROPERTY
- Explanatory note