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

1. Introductory Text

2. PART 1 GENERAL PROVISIONS

   1. 1. Title and commencement

   2. 2. Interpretation

   3. 3. Insolvency practitioners

   4. 4. Insolvency practitioners: interpretation

   5. 5. Orders and regulations

3. 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

   1. CHAPTER 1 EXTERNAL REQUESTS

      1. 6. Action on receipt of external request in connection with criminal investigations or proceedings

      2. 7. Conditions for Crown Court to give effect to external request

      3. 8. Restraint orders

      4. 9. Application, discharge and variation of restraint orders

      5. 10. Appeal to Court of Appeal about restraint orders

      6. 11. Appeal to House of Lords about restraint orders

      7. 12. Seizure in pursuance of restraint order

      8. 13. Hearsay evidence in restraint proceedings

      9. 14. Supplementary (restraint orders)

      10. 15. Appointment of management receivers

      11. 16. Powers of management receivers

      12. 17. Restrictions relating to restraint orders

   2. CHAPTER 2 EXTERNAL ORDERS

      1. 18. Action on receipt of external order in connection with criminal convictions

      2. 19. Authentication by the overseas court

      3. 20. Applications to give effect to external orders

      4. 21. Conditions for Crown Court to give effect to external orders

      5. 22. Registration of external orders

      6. 23. Appeal to Court of Appeal about external orders

      7. 24. Appeal to House of Lords about external orders

      8. 25. Sums in currency other than sterling

      9. 26. Time for payment

      10. 27. Appointment of enforcement receivers

      11. 28. Powers of enforcement receivers in respect of monetary external orders

      12. 29. Powers of enforcement receivers in respect of external orders for the recovery of specified property

      13. 30. Appointment of Director of Agency’s receivers

      14. 31. Powers of Director of Agency’s receivers in respect of monetary external orders

      15. 32. Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property

      16. 33. Application of sums by enforcement receivers

      17. 34. Sums received by relevant Director

      18. 35. Application of sums by Director of Agency’s receivers

      19. 36. Application of sums received by the Director of the Agency

      20. 37. Satisfaction of external order

      21. 38. Restrictions relating to enforcement receivers

      22. 39. Restrictions relating to Director of the Agency’s receivers

   3. CHAPTER 3 RECEIVERS AND PROCEDURE

      1. 40. Protection of receiver appointed under articles 15, 27 and 30

      2. 41. Further applications by receivers

      3. 42. Discharge and variation of receiver orders

      4. 43. Management receivers: discharge

      5. 44. Appeal to Court of Appeal about receivers

      6. 45. Appeal to the House of Lords about receivers

      7. 46. Powers of court and receiver

      8. 47. Procedure on appeal to Court of Appeal under Part 2

      9. 48. Procedure on appeal to House of Lords under Part 2

   4. CHAPTER 4 INTERPRETATION

      1. 49. Property

      2. 50. Tainted gifts

      3. 51. Gifts and their recipients

      4. 52. Value: the basic rule

      5. 53. Value of tainted gifts

      6. 54. Meaning of “defendant”

      7. 55. Other interpretation

4. PART 3 GIVING EFFECT IN SCOTLAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS

   1. CHAPTER 1 EXTERNAL REQUESTS

      1. 56. Action on receipt of external request in connection with criminal investigations or proceedings

      2. 57. Conditions for court to give effect to external request

      3. 58. Restraint orders

      4. 59. Application, recall and variation

      5. 60. Appeals

      6. 61. Inhibition of property affected by order

      7. 62. Arrestment of property affected by order

      8. 63. Management administrators

      9. 64. Seizure in pursuance of restraint order

      10. 65. Restraint orders: restrictions on proceedings and remedies

   2. CHAPTER 2 EXTERNAL ORDERS

      1. 66. Application to give effect to external orders

      2. 67. Authentication by an overseas court

      3. 68. Conditions for the court to give effect to external orders

      4. 69. Registration of external orders

      5. 70. Appeal about external orders

      6. 71. Sums in currency other than sterling

      7. 72. Time for payment

      8. 73. Appointment of enforcement administrators

      9. 74. Powers of enforcement administrators in respect of monetary external orders

      10. 75. Powers of enforcement administrators in respect of external orders for the recovery of specified property

      11. 76. Disposal of family home

      12. 77. Application of sums by enforcement administrator

      13. 78. Sums received by clerk of court

      14. 79. Satisfaction of external order

   3. CHAPTER 3 ADMINISTRATORS AND PROCEDURE

      1. 80. Protection of administrator appointed under article 63 or 73

      2. 81. Protection of persons affected

      3. 82. Recall and variation of order

      4. 83. Management administrators: discharge

      5. 84. Appeals

      6. 85. Administrators: further provision

      7. 86. Administrators: restrictions on proceedings and remedies

   4. CHAPTER 4 INTERPRETATION

      1. 87. Property

      2. 88. Tainted gifts and their recipients

      3. 89. Value: the basic rule

      4. 90. Value of tainted gifts

      5. 91. Meaning of “accused” and “offender”

      6. 92. Other interpretation

5. 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

   1. CHAPTER 5 EXTERNAL REQUESTS

      1. 93. Action on receipt of external request in connection with criminal investigations or proceedings

      2. 94. Conditions for High Court to give effect to external request

      3. 95. Restraint orders

      4. 96. Application, discharge and variation of restraint orders

      5. 97. Appeal to Court of Appeal about restraint orders

      6. 98. Appeal to House of Lords about restraint orders

      7. 99. Seizure in pursuance of restraint order

      8. 100. Supplementary (restraint orders)

      9. 101. Appointment of management receivers

      10. 102. Powers of management receivers

      11. 103. Restrictions relating to restraint orders

   2. CHAPTER 2 EXTERNAL ORDERS

      1. 104. Action on receipt of external order in connection with criminal convictions

      2. 105. Authentication by the overseas court

      3. 106. Applications to give effect to external orders

      4. 107. Conditions for Crown Court to give effect to external orders

      5. 108. Registration of external orders

      6. 109. Appeal to Court of Appeal about external orders

      7. 110. Appeal to House of Lords about external orders

      8. 111. Sums in currency other than sterling

      9. 112. Time for payment

      10. 113. Appointment of enforcement receivers

      11. 114. Powers of enforcement receivers in respect of monetary external orders

      12. 115. Powers of enforcement receivers in respect of external orders for the recovery of specified property

      13. 116. Appointment of Director of Agency’s receivers

      14. 117. Powers of Director of Agency’s receivers in respect of monetary external orders

      15. 118. Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property

      16. 119. Application of sums by enforcement receivers

      17. 120. Sums received by appropriate chief clerk

      18. 121. Application of sums by Director of Agency’s receivers

      19. 122. Application of sums received by the Director of the Agency

      20. 123. Satisfaction of external order

      21. 124. Restrictions relating to enforcement receivers

      22. 125. Restrictions relating to Director of the Agency’s receivers

   3. CHAPTER 3 RECEIVERS AND PROCEDURE

      1. 126. Protection of receiver appointed under articles 101, 113 and 116

      2. 127. Further applications by receivers

      3. 128. Discharge and variation of receiver orders

      4. 129. Management receivers: discharge

      5. 130. Appeal to Court of Appeal about receivers

      6. 131. Appeal to the House of Lords about receivers

      7. 132. Powers of court and receiver

      8. 133. Procedure on appeal to Court of Appeal under Part 4

      9. 134. Procedure on appeal to House of Lords under Part 4

   4. CHAPTER 4 INTERPRETATION

      1. 135. Property

      2. 136. Tainted gifts

      3. 137. Gifts and their recipients

      4. 138. Value: the basic rule

      5. 139. Value of tainted gifts

      6. 140. Meaning of “defendant”

      7. 141. Other interpretation

6. PART 5 GIVING EFFECT IN THE UNITED KINGDOM TO EXTERNAL ORDERS BY MEANS OF CIVIL RECOVERY

   1. CHAPTER 1 INTRODUCTION

      1. 142. Action to give effect to an order

   2. CHAPTER 2 CIVIL RECOVERY IN THE HIGH COURT OR COURT OF SESSION

      1. Proceedings for recovery orders

         1. 143. Proceedings for recovery orders in England and Wales or Northern Ireland

         2. 144. Proceedings for recovery orders in Scotland

         3. 145. Sums in a currency other than sterling

         4. 146. “Associated property”

      2. Property freezing orders (England and Wales and Northern Ireland)

         1. 147. Application for property freezing order

         2. 148. Variation and setting aside of property freezing order

         3. 149. Property freezing orders: exclusions

         4. 150. Property freezing orders: restrictions on proceedings and remedies

      3. Interim receiving orders (England and Wales and Northern Ireland)

         1. 151. Application for interim receiving order

         2. 152. Functions of interim receiver

      4. Property freezing orders and interim receiving orders: registration

         1. 153. Registration of property freezing orders and interim receiving orders

         2. 154. Registration (Northern Ireland) of such orders

      5. Interim receiving orders: further provisions

         1. 155. Interim receiving orders: duties of respondent etc.

         2. 156. Supervision of interim receiver and variation of order

         3. 157. Interim receiving orders: restrictions on dealing etc. with property

         4. 158. Interim receiving orders: restriction on proceedings and remedies

         5. 159. Exclusion of property which is not recoverable etc. under interim receiving order

         6. 160. Reporting under interim receiving order

      6. Prohibitory property orders (Scotland)

         1. 161. Application for prohibitory property order

         2. 162. Variation and recall of prohibitory property order

         3. 163. Prohibitory property orders: exclusions

         4. 164. Prohibitory property orders: restriction on proceedings and remedies

         5. 165. Arrestment of property affected by prohibitory property order

         6. 166. Inhibition of property affected by prohibitory property order

      7. Interim administration orders (Scotland)

         1. 167. Application for interim administration order

         2. 168. Functions of interim administrator

         3. 169. Inhibition of property affected by order

         4. 170. Interim administration orders: duties of respondent etc.

         5. 171. Supervision of interim administrator and variation of order

         6. 172. Interim administration orders: restrictions on dealing etc. with property

         7. 173. Interim administration orders: restrictions on proceedings and remedies

         8. 174. Exclusion of property which is not recoverable etc. under interim administration order

         9. 175. Reporting under interim administration order

         10. 176. Arrestment of property affected by interim administration order

      8. Vesting and realisation of recoverable property

         1. 177. Recovery orders

         2. 178. Functions of the trustee for civil recovery

         3. 179. Recording of recovery order (Scotland)

         4. 180. Rights of pre-emption etc.

         5. 181. Associated and joint property

         6. 182. Agreements about associated and joint property

         7. 183. Associated and joint property: default of agreement

         8. 184. Payments in respect of rights under pension schemes

         9. 185. Consequential adjustment of liabilities under pension schemes

         10. 186. Pension schemes: supplementary

         11. 187. Consent orders

         12. 188. Consent orders: pensions

         13. 189. Limit on recovery

         14. 190. Article 189: supplementary

         15. 191. Applying realised proceeds

      9. Exemptions etc.

         1. 192. Victims of theft etc.

         2. 193. Other exemptions

      10. Miscellaneous

          1. 194. Compensation

          2. 195. Payment of interim administrator or trustee (Scotland)

          3. 196. Effect on diligence of recovery order (Scotland)

          4. 197. Scope of powers (Scotland)

          5. 198. Legal expenses excluded from freezing: required conditions

          6. 199. Legal expenses: regulations for purposes of article 177(11) or 198(3)

          7. 200. Financial threshold

          8. 201. Limitation

   3. CHAPTER 3 GENERAL

      1. Recoverable property

         1. 202. Recoverable property: property or sum of money specified in the external order

         2. 203. Tracing property, etc.

         3. 204. Mixing property

         4. 205. Recoverable property: general exceptions

         5. 206. Other exemptions

         6. 207. Granting interests

      2. Insolvency

         1. 208. Insolvency

      3. Delegation of enforcement functions

         1. 209. Performance of functions of Scottish Ministers by constables in Scotland

         2. 210. Restriction on performance of Director’s functions by police

      4. Interpretation

         1. 211. Obtaining and disposing of property

         2. 212. Northern Ireland courts

         3. 213. General interpretation

7. Signature

8. 1. SCHEDULE 1

      ADMINISTRATORS (SCOTLAND): FURTHER PROVISION

      1. 1. General

      2. 2. Appointment etc

      3. 3. Functions

      4. 4. Consent of accountant of court

      5. 5. Dealings in good faith with administrator

      6. 6. Money received by administrator

      7. 7. Effect of appointment of administrator on diligence

      8. 8. Supervision

      9. 9. Accounts and remuneration

      10. 10. Discharge of administrator

   2. SCHEDULE 2

      POWERS OF INTERIM RECEIVER OR ADMINISTRATOR

      1. 1. Seizure

      2. 2. Information

      3. 3. Entry, search, etc.

      4. 4. Supplementary

      5. 5. Management

   3. SCHEDULE 3

      POWERS OF TRUSTEE FOR CIVIL RECOVERY

      1. 1. Sale

      2. 2. Expenditure

      3. 3. Management

      4. 4. Legal proceedings

      5. 5. Compromise

      6. 6. Supplementary

   4. SCHEDULE 4

      RECOVERY FROM PENSION SCHEMES

      1. 1. Interpretation

      2. 2. Calculation and verification of the value of rights under pension schemes

      3. 3. Calculation and verification of the value of rights under destination arrangements

      4. 4. Approval of manner of calculation and verification of the value of rights

      5. 5. Time for compliance with a pension recovery order

   5. SCHEDULE 5

      PRESCRIBED ENACTMENTS – PROPERTY WHICH IS NOT RECOVERABLE PROEPRTY

9. Explanatory Note