- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (20/11/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 20/11/2003.
Proceeds of Crime Act 2002, Cross Heading: Receivers: further provisions is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
If a receiver appointed under section 196, 198 or 200—
(a)takes action in relation to property which is not realisable property,
(b)would be entitled to take the action if it were realisable property, and
(c)believes on reasonable grounds that he is entitled to take the action,
he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.
Modifications etc. (not altering text)
C1Pt. 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.)
Commencement Information
I1S. 209 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(1)This section applies to a receiver appointed under section 196, 198 or 200.
(2)The receiver may apply—
(a)to the High Court if he is appointed under section 196;
(b)to the Crown Court if he is appointed under section 198 or 200,
for an order giving directions as to the exercise of his powers.
(3)The following persons may apply to the High Court if the receiver is appointed under section 196 or to the Crown Court if the receiver is appointed under section 198 or 200—
(a)any person affected by action taken by the receiver;
(b)any person who may be affected by action the receiver proposes to take.
(4)On an application under this section the court may make such order as it believes is appropriate.
Commencement Information
I2S. 210 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(1)The following persons may apply to the High Court to vary or discharge an order made under section 196 or 197 or to the Crown Court to vary or discharge an order made under any of sections 198 to 201—
(a)the receiver;
(b)the person who applied for the order or (if the order was made under section 200 or 201) the Director;
(c)any person affected by the order.
(2)On an application under this section the court—
(a)may discharge the order;
(b)may vary the order.
(3)But in the case of an order under section 196 or 197—
(a)if the condition in section 189 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be);
(b)if the condition which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).
Commencement Information
I3S. 211 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(1)This section applies if—
(a)a receiver stands appointed under section 196 in respect of realisable property (the management receiver), and
(b)the court appoints a receiver under section 198 or makes an order for the appointment of a receiver under section 200.
(2)The court must order the management receiver to transfer to the other receiver all property held by the management receiver by virtue of the powers conferred on him by section 197.
(3)But in a case where the court makes an order under section 200 its order under subsection (2) above does not take effect until the order under section 200 takes effect.
(4)Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 197(2)(d).
(5)If the management receiver complies with an order under subsection (2) he is discharged—
(a)from his appointment under section 196;
(b)from any obligation under this Act arising from his appointment.
(6)If this section applies the court may make such a consequential or incidental order as it believes is appropriate.
Commencement Information
I4S. 212 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(1)If on an application for an order under any of sections 196 to 199 or section 201 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(2)If the court makes an order under any of sections 196 to 199 or section 201, the following persons may appeal to the Court of Appeal in respect of the court’s decision—
(a)the person who applied for the order;
(b)any person affected by the order.
(3)If on an application for an order under section 210 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(4)If the court makes an order under section 210, the following persons may appeal to the Court of Appeal in respect of the court’s decision—
(a)the person who applied for the order;
(b)any person affected by the order;
(c)the receiver.
(5)The following persons may appeal to the Court of Appeal against a decision of the court on an application under section 211—
(a)the person who applied for the order in respect of which the application was made or (if the order was made under section 200 or 201) the Director;
(b)any person affected by the court’s decision;
(c)the receiver.
(6)On an appeal under this section the Court of Appeal may—
(a)confirm the decision, or
(b)make such order as it believes if appropriate.
Commencement Information
I5S. 213 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
(1)An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under section 213.
(2)An appeal under this section lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
(3)On an appeal under this section the House of Lords may—
(a)confirm the decision of the Court of Appeal, or
(b)make such order as it believes is appropriate.
Commencement Information
I6S. 214 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys