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

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. 8ARestraint orders: power to retain seized property etc
  15. 9Application, discharge and variation of restraint orders
  16. 10Appeal to Court of Appeal about restraint orders
  17. 11Appeal to Supreme Court about restraint orders
  18. 11ADetention of property pending appeal
  19. 12Seizure in pursuance of restraint order Repealed
  20. 13Hearsay evidence in restraint proceedings
  21. 14Supplementary (restraint orders)
  22. 15Appointment of management receivers
  23. 16Powers of management receivers
  24. 17Restrictions relating to restraint orders
  25. Chapter 1A: External requests: search and seizure powers
  26. 17AConditions for exercise of powers
  27. 17BPower to seize property
  28. 17CSearch power: premises
  29. 17DSearch power: people
  30. 17ESearch power: vehicles
  31. 17FAppropriate approval
  32. 17GExercise of powers without judicial approval
  33. 17HReport by appointed person on exercise of powers
  34. 17IInitial detention of seized property
  35. 17JFurther detention pending variation of restraint order
  36. 17KRelease of property
  37. 17LCodes of Practice
  38. Chapter 2: EXTERNAL ORDERS
  39. 18Action on receipt of external order in connection with criminal convictions
  40. 19Authentication by the overseas court
  41. 20Applications to give effect to external orders
  42. 21Conditions for Crown Court to give effect to external orders
  43. 22Registration of external orders
  44. 23Appeal to Court of Appeal about external orders
  45. 24Appeal to Supreme Court about external orders
  46. 24AOrders for securing compliance with external order
  47. 24BAppeal to Court of Appeal against orders under article 24A
  48. 24CAppeal to Supreme Court against orders under article 24A
  49. 25Sums in currency other than sterling
  50. 26Time for payment
  51. 27Appointment of enforcement receivers
  52. 28Powers of enforcement receivers in respect of monetary external orders
  53. 29Powers of enforcement receivers in respect of external orders for the recovery of specified property
  54. 30Appointment of Director of Agency’s receivers Repealed
  55. 31Powers of Director of Agency’s receivers in respect of monetary external orders Repealed
  56. 32Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property Repealed
  57. 33Application of sums by enforcement receivers
  58. 34Sums received by relevant Director
  59. 35Application of sums by Director of Agency’s receivers Repealed
  60. 36Application of sums received by the Director of the Agency Repealed
  61. 37Satisfaction of external order
  62. 38Restrictions relating to enforcement receivers
  63. 39Restrictions relating to Director of the Agency’s receivers Repealed
  64. Chapter 3: RECEIVERS AND PROCEDURE
  65. 40Protection of receiver appointed under articles 15, 27 and 30
  66. 41Further applications by receivers
  67. 42Discharge and variation of receiver orders
  68. 43Management receivers: discharge
  69. 44Appeal to Court of Appeal about receivers
  70. 45Appeal to the Supreme Court about receivers
  71. 46Powers of court and receiver
  72. 47Procedure on appeal to Court of Appeal under Part 2
  73. 48Procedure on appeal to Supreme Court under Part 2
  74. Chapter 3A: Seized personal property
  75. 48ASeized personal property
  76. 48BCosts of storage and realisation
  77. 48CArticles 48A and 48B: appeals
  78. 48DProceeds of realisation
  79. Chapter 4: INTERPRETATION
  80. 49Property
  81. 50Tainted gifts
  82. 51Gifts and their recipients
  83. 52Value: the basic rule
  84. 53Value of tainted gifts
  85. 54Meaning of “defendant”
  86. 54ANo further possibility of appeal
  87. 55Other interpretation
  88. Part 3: GIVING EFFECT IN SCOTLAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS
  89. Chapter 1: EXTERNAL REQUESTS
  90. 56Action on receipt of external request in connection with criminal investigations or proceedings
  91. 57Conditions for court to give effect to external request
  92. 58Restraint orders
  93. 58ARestraint orders: power to retain seized property etc.
  94. 59Application, recall and variation
  95. 60Appeals
  96. 60ADetention of property pending appeal
  97. 61Inhibition of property affected by order
  98. 62Arrestment of property affected by order
  99. 63Management administrators
  100. 64Seizure in pursuance of restraint order Repealed
  101. 65Restraint orders: restrictions on proceedings and remedies
  102. Chapter 1A: External requests: search and seizure powers
  103. 65AConditions for exercise of powers
  104. 65BPower to seize property
  105. 65CSearch power: premises
  106. 65DSearch power: people
  107. 65ESearch power: vehicles
  108. 65FAppropriate approval
  109. 65GExercise of powers without judicial approval
  110. 65HReport by appointed person on exercise of powers
  111. 65IInitial detention of seized property
  112. 65JFurther detention pending variation of restraint order
  113. 65KRelease of property
  114. 65LGuidance by Lord Advocate
  115. Chapter 2: EXTERNAL ORDERS
  116. 66Application to give effect to external orders
  117. 67Authentication by an overseas court
  118. 68Conditions for the court to give effect to external orders
  119. 69Registration of external orders
  120. 70Appeal about external orders
  121. 70AOrders for securing compliance with external order
  122. 70BAppeal against orders under article 70A
  123. 71Sums in currency other than sterling
  124. 72Time for payment
  125. 73Appointment of enforcement administrators
  126. 74Powers of enforcement administrators in respect of monetary external orders
  127. 75Powers of enforcement administrators in respect of external orders for the recovery of specified property
  128. 76Disposal of family home
  129. 77Application of sums by enforcement administrator
  130. 78Sums received by clerk of court
  131. 79Satisfaction of external order
  132. Chapter 3: ADMINISTRATORS AND PROCEDURE
  133. 80Protection of administrator appointed under article 63 or 73
  134. 81Protection of persons affected
  135. 82Recall and variation of order
  136. 83Management administrators: discharge
  137. 84Appeals
  138. 85Administrators: further provision
  139. 86Administrators: restrictions on proceedings and remedies
  140. Chapter 3A: Seized personal property
  141. 86ASeized personal property
  142. 86BCosts of storage and realisation
  143. 86CArticles 86A and 86B: appeals
  144. 86DProceeds of realisation
  145. Chapter 4: INTERPRETATION
  146. 87Property
  147. 88Tainted gifts and their recipients
  148. 89Value: the basic rule
  149. 90Value of tainted gifts
  150. 91Meaning of “accused” and “offender”
  151. 91ANo further possibility of appeal
  152. 92Other interpretation
  153. 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
  154. Chapter 5: EXTERNAL REQUESTS
  155. 93Action on receipt of external request in connection with criminal investigations or proceedings
  156. 94Conditions for High Court to give effect to external request
  157. 95Restraint orders
  158. 95ARestraint orders: power to retain seized property
  159. 96Application, discharge and variation of restraint orders
  160. 97Appeal to Court of Appeal about restraint orders
  161. 98Appeal to Supreme Court about restraint orders
  162. 98ADetention of property pending appeal
  163. 99Seizure in pursuance of restraint order Repealed
  164. 100Supplementary (restraint orders)
  165. 101Appointment of management receivers
  166. 102Powers of management receivers
  167. 103Restrictions relating to restraint orders
  168. Chapter 1A: External Requests: Search and Seizure Powers
  169. 103AConditions for exercise of powers
  170. 103BPower to seize property
  171. 103CSearch power: premises
  172. 103DSearch power: people
  173. 103ESearch power: vehicles
  174. 103FAppropriate approval
  175. 103GExercise of powers without judicial approval
  176. 103HReport by appointed person on exercise of powers
  177. 103IInitial detention of seized property
  178. 103JFurther detention pending variation of restraint order
  179. 103KRelease of property
  180. 103LCodes of Practice
  181. Chapter 2: EXTERNAL ORDERS
  182. 104Action on receipt of external order in connection with criminal convictions
  183. 105Authentication by the overseas court
  184. 106Applications to give effect to external orders
  185. 107Conditions for Crown Court to give effect to external orders
  186. 108Registration of external orders
  187. 109Appeal to Court of Appeal about external orders
  188. 110Appeal to Supreme Court about external orders
  189. 110AOrders for securing compliance with external order
  190. 110BAppeal to Court of Appeal against orders under article 110A
  191. 110CAppeal to Supreme Court against orders under article 110B
  192. 111Sums in currency other than sterling
  193. 112Time for payment
  194. 113Appointment of enforcement receivers
  195. 114Powers of enforcement receivers in respect of monetary external orders
  196. 115Powers of enforcement receivers in respect of external orders for the recovery of specified property
  197. 116Appointment of Director of Agency’s receivers Repealed
  198. 117Powers of Director of Agency’s receivers in respect of monetary external orders Repealed
  199. 118Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property Repealed
  200. 119Application of sums by enforcement receivers
  201. 120Sums received by appropriate chief clerk
  202. 121Application of sums by Director of Agency’s receivers Repealed
  203. 122Application of sums received by the Director of the Agency Repealed
  204. 123Satisfaction of external order
  205. 124Restrictions relating to enforcement receivers
  206. 125Restrictions relating to Director of the Agency’s receivers Repealed
  207. Chapter 3: RECEIVERS AND PROCEDURE
  208. 126Protection of receiver appointed under articles 101, 113 and 116
  209. 127Further applications by receivers
  210. 128Discharge and variation of receiver orders
  211. 129Management receivers: discharge
  212. 130Appeal to Court of Appeal about receivers
  213. 131Appeal to the Supreme Court about receivers
  214. 132Powers of court and receiver
  215. 133Procedure on appeal to Court of Appeal under Part 4
  216. 134Procedure on appeal to Supreme Court under Part 4
  217. Chapter 3A: Seized Personal Property
  218. 134ASeized personal property
  219. 134BCosts of storage and realisation
  220. 134CArticles 134A and 134B: appeals
  221. 134DProceeds of realisation
  222. Chapter 4: INTERPRETATION
  223. 135Property
  224. 136Tainted gifts
  225. 137Gifts and their recipients
  226. 138Value: the basic rule
  227. 139Value of tainted gifts
  228. 140Meaning of “defendant”
  229. 140ANo further possibility of appeal
  230. 141Other interpretation
  231. Part 4A: Giving effect in England and Wales and Northern Ireland to Requests by means of Civil Proceedings
  232. 141AGeneral
  233. 141BAction on receipt of external request
  234. 141CHigh Court giving effect to external request
  235. 141DHigh Court proceedings for a prohibition order following an external request
  236. 141EApplication, variation and setting aside of order
  237. 141FGeneral exceptions
  238. 141GExclusions
  239. 141HRestriction on proceedings and remedies
  240. 141IReceiver in connection with prohibition order
  241. 141JPowers of receiver
  242. 141KSupervision of receiver and variations
  243. 141LRegistration
  244. 141MRegistration (Northern Ireland)
  245. 141NCompensation
  246. 141NALegal expenses excluded from prohibition: required conditions
  247. 141NBLegal expenses: regulations for purposes of article 141G(4A)
  248. 141OFinancial threshold
  249. 141PInsolvency
  250. 141QInsolvency: interpretation
  251. 141RInterpretation
  252. Part 4B: Giving effect in Scotland to External Requests by means of Civil Proceedings
  253. 141ZAGeneral
  254. 141ZBAction on receipt of external request
  255. 141ZCProceedings for a prohibition order following an external request
  256. 141ZDApplication, variation and recall of prohibition order
  257. 141ZEGeneral exceptions
  258. 141ZFExclusions
  259. 141ZGProhibition orders: restriction on proceedings and remedies
  260. 141ZHInhibition of property affected by prohibition order
  261. 141ZHAReceivers in connection with prohibition orders
  262. 141ZHBPowers of receivers appointed under article 141ZHA
  263. 141ZHCSupervision of receiver and variations
  264. 141ZIArrestment of property affected by prohibition order
  265. 141ZJCompensation
  266. 141ZKFinancial threshold
  267. 141ZLInsolvency
  268. 141ZMInsolvency: interpretation
  269. 141ZNInterpretation
  270. Part 5: GIVING EFFECT IN THE UNITED KINGDOM TO EXTERNAL ORDERS BY MEANS OF CIVIL RECOVERY
  271. Chapter 1: INTRODUCTION
  272. 142Action to give effect to an order
  273. Chapter 2: CIVIL RECOVERY IN THE HIGH COURT OR COURT OF SESSION
  274. Proceedings for recovery orders
  275. 143Proceedings for recovery orders in England and Wales or Northern Ireland
  276. 144Proceedings for recovery orders in Scotland
  277. 145Sums in a currency other than sterling
  278. 146“Associated property”
  279. Property freezing orders (England and Wales and Northern Ireland)
  280. 147Application for property freezing order
  281. 148Variation and setting aside of property freezing order
  282. 149Property freezing orders: exclusions
  283. 150Property freezing orders: restrictions on proceedings and remedies
  284. 150AReceivers in connection with property freezing orders
  285. 150BPowers of receivers appointed under article 150A
  286. 150CSupervision of article 150A receiver and variations
  287. Interim receiving orders (England and Wales and Northern Ireland)
  288. 151Application for interim receiving order
  289. 152Functions of interim receiver
  290. Property freezing orders and interim receiving orders: registration
  291. 153Registration of property freezing orders and interim receiving orders
  292. 154Registration (Northern Ireland) of such orders
  293. Interim receiving orders: further provisions
  294. 155Interim receiving orders: duties of respondent etc.
  295. 156Supervision of interim receiver and variation of order
  296. 157Interim receiving orders: restrictions on dealing etc. with property
  297. 158Interim receiving orders: restriction on proceedings and remedies
  298. 159Exclusion of property which is not recoverable etc. under interim receiving order
  299. 160Reporting under interim receiving order
  300. Prohibitory property orders (Scotland)
  301. 161Application for prohibitory property order
  302. 162Variation and recall of prohibitory property order
  303. 163Prohibitory property orders: exclusions
  304. 164Prohibitory property orders: restriction on proceedings and remedies
  305. 165Arrestment of property affected by prohibitory property order
  306. 166Inhibition of property affected by prohibitory property order
  307. 166AReceivers in connection with prohibitory property orders
  308. 166BPowers of receivers appointed under article 166A
  309. 166CSupervision of PPO receiver and variations
  310. Interim administration orders (Scotland)
  311. 167Application for interim administration order
  312. 168Functions of interim administrator
  313. 169Inhibition of property affected by order
  314. 170Interim administration orders: duties of respondent etc.
  315. 171Supervision of interim administrator and variation of order
  316. 172Interim administration orders: restrictions on dealing etc. with property
  317. 173Interim administration orders: restrictions on proceedings and remedies
  318. 174Exclusion of property which is not recoverable etc. under interim administration order
  319. 175Reporting under interim administration order
  320. 176Arrestment of property affected by interim administration order
  321. Vesting and realisation of recoverable property
  322. 177Recovery orders
  323. 178Functions of the trustee for civil recovery
  324. 179Recording of recovery order (Scotland)
  325. 180Rights of pre-emption etc.
  326. 181Associated and joint property
  327. 182Agreements about associated and joint property
  328. 183Associated and joint property: default of agreement
  329. 184Payments in respect of rights under pension schemes
  330. 185Consequential adjustment of liabilities under pension schemes
  331. 186Pension schemes: supplementary
  332. 187Consent orders
  333. 188Consent orders: pensions
  334. 189Limit on recovery
  335. 190Article 189: supplementary
  336. 191Applying realised proceeds
  337. Exemptions etc.
  338. 192Victims of theft etc.
  339. 193Other exemptions
  340. Miscellaneous
  341. 194Compensation
  342. 195Payment of interim administrator or trustee (Scotland)
  343. 196Effect on diligence of recovery order (Scotland)
  344. 197Scope of powers (Scotland)
  345. 198Legal expenses excluded from freezing: required conditions
  346. 199Legal expenses: regulations for purposes of article 177(11) or 198(3)
  347. 200Financial threshold
  348. 201Limitation
  349. Chapter 3: GENERAL
  350. Recoverable property
  351. 202Recoverable property: property or sum of money specified in the external order
  352. 203Tracing property, etc.
  353. 204Mixing property
  354. 205Recoverable property: general exceptions
  355. 206Other exemptions
  356. 207Granting interests
  357. Insolvency
  358. 208Insolvency
  359. Delegation of enforcement functions
  360. 209Performance of functions of Scottish Ministers by constables in Scotland
  361. 210Restriction on performance of Director’s functions by police Repealed
  362. Interpretation
  363. 211Obtaining and disposing of property
  364. 212Northern Ireland courts
  365. 213General interpretation
  366. Part 5A: Giving effect ... to external orders by means of the forfeiture of certain personal (or moveable) property
  367. Chapter 1: Introduction
  368. 213AAction to give effect to an external order
  369. 213AAExtent
  370. Chapter 2: Search, Seizure, Detention and Forfeiture of Listed Assets
  371. 213B“Listed asset”
  372. 213CSearches
  373. 213DSearches: supplemental provision
  374. 213EPrior Approval
  375. 213FReport on exercise of powers
  376. 213GCodes of Practice
  377. 213HSeizure of listed assets
  378. 213IDetention of seized property
  379. 213JTesting and safekeeping of property seized under article 213H
  380. 213KRelease of detained property
  381. 213LForfeiture
  382. 213MAssociated and joint property
  383. 213NAgreements about associated and joint property
  384. 213OAssociated and joint property: default of agreement
  385. 213PArticles 213L to 213O: appeals
  386. 213QRealisation of forfeited property
  387. 213RProceeds of realisation
  388. 213SVictims and other owners
  389. 213TCompensation
  390. 213UPowers for prosecutors to appear in proceedings
  391. 213V“The minimum value”
  392. 213WInterpretation
  393. Part 5B: Giving effect ... to external requests and orders by means of the freezing and forfeiture of money held in certain accounts
  394. Chapter 1: Introduction
  395. 213XGeneral
  396. 213XAExtent
  397. 213YAction on receipt of an external request
  398. 213ZAction to give effect to an external order
  399. Chapter 2: Freezing and Forfeiture of Money Held in certain Accounts
  400. 213Z1Application for account freezing order
  401. 213Z2Restrictions on making of application under article 213Z1
  402. 213Z3Making of account freezing order
  403. 213Z4Variation and setting aside of account freezing order
  404. 213Z5Exclusions
  405. 213Z6Restriction on proceedings and remedies
  406. 213Z7Forfeiture order
  407. 213Z8Continuation of account freezing order pending appeal
  408. 213Z9Appeal against decision under article 213Z7
  409. 213Z10Application of money forfeited under account forfeiture order
  410. 213Z11Compensation
  411. 213Z12Powers for prosecutors to appear in proceedings
  412. 213Z13Interpretation
  413. Part 5C: Giving effect to external requests and orders by means of the forfeiture of cryptoassets and cryptoasset-related items
  414. Chapter 1: Introduction
  415. 213Z14General
  416. 213Z15Action on receipt of an external request
  417. 213Z16Action to give effect to an external order
  418. 213Z17Interpretation
  419. 213Z18Extent
  420. Chapter 2: Application of Chapters 3C to 3F of Part 5 of the Act with modifications
  421. 213Z19Recovery of cryptoassets: searches, seizure and detention
  422. 213Z20Freezing of crypto wallets
  423. 213Z21Forfeiture
  424. 213Z22Conversion, detention, release and forfeiture of converted cryptoassets
  425. Signature
  426. Schedule 1: ADMINISTRATORS (SCOTLAND): FURTHER PROVISION
  427. 1General
  428. 2Appointment etc
  429. 3Functions
  430. 4Consent of accountant of court
  431. 5Dealings in good faith with administrator
  432. 6Money received by administrator
  433. 7Effect of appointment of administrator on diligence
  434. 8Supervision
  435. 9Accounts and remuneration
  436. 10Discharge of administrator
  437. Schedule 2: POWERS OF INTERIM RECEIVER OR ADMINISTRATOR
  438. 1Seizure
  439. 2Information
  440. 3Entry, search, etc.
  441. 4Supplementary
  442. 5Management
  443. Schedule 3: POWERS OF TRUSTEE FOR CIVIL RECOVERY
  444. 1Sale
  445. 2Expenditure
  446. 3Management
  447. 4Legal proceedings
  448. 5Compromise
  449. 6Supplementary
  450. Schedule 4: RECOVERY FROM PENSION SCHEMES
  451. 1Interpretation
  452. 2Calculation and verification of the value of rights under pension schemes
  453. 3Calculation and verification of the value of rights under destination arrangements
  454. 4Approval of manner of calculation and verification of the value of rights
  455. 5Time for compliance with a pension recovery order
  456. Schedule 5PRESCRIBED ENACTMENTS – PROPERTY WHICH IS NOT RECOVERABLE PROPERTY
  457. Explanatory note