C2C4C3C1Part 2Confiscation: England and Wales
Pt. 2 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Receivers: further provisions
I1C3C161C3C1 Protection
If a receiver appointed under section 48, 50 or 52—
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.
I2C3C162C3C1 Further applications
1
This section applies to a receiver appointed under section 48, 50 or 52.
2
The receiver may apply to the Crown Court for an order giving directions as to the exercise of his powers.
3
The following persons may apply to the Crown Court—
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.
I3C3C163C3C1 Discharge and variation
1
The following persons may apply to the Crown Court to vary or discharge an order made under any of sections 48 to 53—
a
the receiver;
b
the person who applied for the order or (if the order was made under section 52 or 53) 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 48 or 49—
a
if the condition in section 40 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).
I4C3C164C3C1 Management receivers: discharge
1
This section applies if—
a
a receiver stands appointed under section 48 in respect of realisable property (the management receiver), and
b
the court appoints a receiver under section 50 or makes an order for the appointment of a receiver under section 52.
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 49.
3
But in a case where the court makes an order under section 52 its order under subsection (2) above does not take effect until the order under section 52 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 49(2)(d).
5
If the management receiver complies with an order under subsection (2) he is discharged—
a
from his appointment under section 48;
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.
I5C3C165C3C1 Appeal to Court of Appeal
1
If on an application for an order under any of sections 48 to 51 or section 53 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 48 to 51 or section 53, 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 62 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 62, 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 63—
a
the person who applied for the order in respect of which the application was made or (if the order was made under section 52 or 53) 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 is appropriate.
I6C3C166C3C1 Appeal to House of Lords
1
An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under section 65.
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.
Pt. 2 applied by 1984 c. 60, s. 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch.)