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The Magistrates' Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5B) Rules 2019
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- 12/11/2019- Amendment
- 28/06/2021- Amendment
- 28/06/2021
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There are currently no known outstanding effects for the The Magistrates' Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5B) Rules 2019, Section 3.
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Application for account freezing orderE+W
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3.—(1) An application under article 213Z1(2) of the Order for an account freezing order must be made in writing and may be sent to the court before which the applicant wishes to make the application.
(2) But where the reasonable grounds for suspicion which led to an application under article 213Z1(2) of the Order are connected to the reasonable grounds for suspicion which led to the making of a previous account freezing order, then the application must specify the connection to any such previous order and the application may be sent to any court which made such a previous order.
(3) A copy of the written application and notification of the hearing of the application must be given by the applicant to any person by or for whom the account which is the subject of the application is operated.
(4) But the applicant is not required to send copies of the written application and notification of the hearing to any person by or for whom the account is operated who cannot be identified.
(5) Where paragraph (4) applies, the court shall not decline to hear an application solely on the ground that it has not been proved that any person by or for whom the account which is the subject of the application is operated has received a copy of the written application and notification of the hearing.
(6) The applicant must inform the court of any person known to be affected by the order, as soon as practicable after that person is so identified.
(7) The court must give—
(a)notice of the order; and
(b)a copy of the order,
to any person by or for whom the account which is the subject of the application is operated and to any other person known to be affected by the order, including the relevant [F1financial institution].
Textual Amendments
F1Words in rule 3(7) substituted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 5(a)
Commencement Information
I1Rule 3 in force at 12.11.2019, see rule 1
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