The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018

Limit on recovery: property subject to forfeiture orders

27.  In article 189 (limit on recovery)—

(a) after paragraph 6, insert—

“(6A) If—

(a) recoverable property is forfeited in pursuance of a forfeiture notice under section 297A of the Act or (in England or Wales) under an account forfeiture notice under section 303Z9, and

(b) the enforcement authority subsequently seeks a recovery order in respect of related property,

the notice is to be treated for the purposes of this article as if it were a recovery order obtained by the enforcement authority in respect of the forfeited property.”.

(b) In paragraph (7)—

(i) in each place where it occurs, after “section 298” insert “, or (in England and Wales or Scotland) 303O, 303R or 303Z14,”; and

(ii) in sub-paragraph (a), after “of the Act” insert “or (in England and Wales or Scotland) under articles 213L or 213Z7(1)”.

(c) after paragraph (7), insert—

“(7A) This paragraph applies if (in England and Wales or Scotland)—

(a) an order is made for the forfeiture of recoverable property under—

(i) section 303Q of the Act instead of an order being made under section 303O of the Act, or

(ii) article 213N(2) instead of article 213L, and

(b) the enforcement authority subsequently seeks a recovery order in respect of related property.

(7B) If paragraph (7A) applies—

(a) if the order was made under section 303Q of the Act, it is to be treated for the purposes of this article as if it were a recovery order obtained by the enforcement authority in respect of the property that was the forfeitable property in relation to the order under section 303Q of the Act;

(b) if the order was made under article 213N, it is to be treated for the purposes of this article as if it were a recovery order obtained by the enforcement authority in respect of the property that was the forfeitable property in relation to the order under article 213N.”.

(1)

Articles 213L and 213Z7 were inserted by Part 4 of this Order.

(2)

Article 213N was inserted by Part 4 of the Order.