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Proceeds of Crime Act 2002
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Proceeds of Crime Act 2002, Section 246 is up to date with all changes known to be in force on or before 16 November 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(5)(a)(iia) inserted by 2015 c. 30 Sch. 5 para. 15(3)(d)
- s. 323(1)(hc) inserted by 2023 c. 20 Sch. para. 45(2)
- s. 323(4)(ec) inserted by 2023 c. 20 Sch. para. 45(3)
- s. 323(5)(ec) inserted by 2023 c. 20 Sch. para. 45(4)
246 Application for interim receiving orderU.K.
This section has no associated Explanatory Notes
(1)Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for an interim receiving order (whether before or after starting the proceedings).
(2)An interim receiving order is an order for—
(a)the detention, custody or preservation of property, and
(b)the appointment of an interim receiver.
(3)An application for an interim receiving order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
(4)The court may make an interim receiving order on the application if it is satisfied that the conditions in subsections (5) and, where applicable, (6) are met.
(5)The first condition is that there is a good arguable case—
(a)that the property to which the application for the order relates is or includes recoverable property, and
(b)that, if any of it is not recoverable property, it is associated property.
(6)The second condition is that, if—
(a)the property to which the application for the order relates includes property alleged to be associated property, and
(b)the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
(7)In its application for an interim receiving order, the enforcement authority must nominate a suitably qualified person for appointment as interim receiver, but the nominee may not be a member of the staff of the [F1enforcement authority] .
(8)The extent of the power to make an interim receiving order is not limited by sections 247 to 255.
Textual Amendments
F1Words in s. 246(7) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 86; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
Commencement Information
I1S. 246 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
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