Part 5Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2Civil recovery in the High Court or Court of Session
Miscellaneous
283 Compensation
(1)
If, in the case of any property to which an interim receiving order or interim administration order has at any time applied, the court does not in the course of the proceedings decide that the property is recoverable property or associated property, the person whose property it is may make an application to the court for compensation.
(2)
Subsection (1) does not apply if the court—
(a)
has made a declaration in respect of the property by virtue of section 281, or
(b)
makes an order under section 276.
(3)
If the court has made a decision by reason of which no recovery order could be made in respect of the property, the application for compensation must be made within the period of three months beginning—
(a)
in relation to a decision of the High Court in England and Wales, with the date of the decision or, if any application is made for leave to appeal, with the date on which the application is withdrawn or refused or (if the application is granted) on which any proceedings on appeal are finally concluded,
(b)
in relation to a decision of the Court of Session or of the High Court in Northern Ireland, with the date of the decision or, if there is an appeal against the decision, with the date on which any proceedings on appeal are finally concluded.
(4)
If, in England and Wales or Northern Ireland, the proceedings in respect of the property have been discontinued, the application for compensation must be made within the period of three months beginning with the discontinuance.
(5)
If the court is satisfied that the applicant has suffered loss as a result of the interim receiving order or interim administration order, it may require the enforcement authority to pay compensation to him.
(6)
If, but for section 269(2), any right mentioned there would have operated in favour of, or become exercisable by, any person, he may make an application to the court for compensation.
(7)
The application for compensation under subsection (6) must be made within the period of three months beginning with the vesting referred to in section 269(2).
(8)
If the court is satisfied that, in consequence of the operation of section 269, the right in question cannot subsequently operate in favour of the applicant or (as the case may be) become exercisable by him, it may require the enforcement authority to pay compensation to him.
(9)
The amount of compensation to be paid under this section is the amount the court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
284 Payment of interim administrator or trustee (Scotland)
Any fees or expenses incurred by an interim administrator, or a trustee for civil recovery appointed by the Court of Session, in the exercise of his functions are to be reimbursed by the Scottish Ministers as soon as is practicable after they have been incurred.
285 Effect on diligence of recovery order (Scotland)
(1)
An arrestment or F1attachment of any recoverable property executed on or after the appointment of the trustee for civil recovery is ineffectual in a question with the trustee.
(2)
Any recoverable property so arrested or F2attached. , or (if the property has been sold) the proceeds of sale, must be handed over to the trustee for civil recovery.
(3)
A poinding of the ground in respect of recoverable property on or after such an appointment is ineffectual in a question with the trustee for civil recovery except for the interest mentioned in subsection (4).
(4)
That interest is—
(a)
interest on the debt of a secured creditor for the current half yearly term, and
(b)
arrears of interest on that debt for one year immediately before the commencement of that term.
(5)
On and after such appointment no other person may raise or insist in an adjudication against recoverable property or be confirmed as an executor-creditor on that property.
(6)
An inhibition on recoverable property shall cease to have effect in relation to any heritable property comprised in the recoverable property on such appointment.
(7)
The provisions of this section apply in relation to—
(a)
an action of maills and duties, and
(b)
an action for sequestration of rent,
as they apply in relation to an arrestment or F3attachment .
286 Scope of powers (Scotland)
(1)
Orders under this Chapter may be made by the Court of Session in respect of a person wherever domiciled, resident or present.
(2)
Such an order may be made by the Court of Session in respect of moveable property wherever situated.
(3)
But such an order in respect of a person’s moveable property may not be made by the Court of Session where—
(a)
the person is not domiciled, resident or present in Scotland, and
(b)
the property is not situated in Scotland,
unless the unlawful conduct took place in Scotland.
287 Financial threshold
(1)
At any time when an order specifying an amount for the purposes of this section has effect, the enforcement authority may not start proceedings for a recovery order unless the authority reasonably believes that the aggregate value of the recoverable property which the authority wishes to be subject to a recovery order is not less than the specified amount.
(2)
The power to make an order under subsection (1) is exercisable by the Secretary of State after consultation with the Scottish Ministers.
(3)
If the authority applies for an interim receiving order or interim administration order before starting the proceedings, subsection (1) applies to the application instead of to the start of the proceedings.
(4)
This section does not affect the continuation of proceedings for a recovery order which have been properly started or the making or continuing effect of an interim receiving order or interim administration order which has been properly applied for.
288 Limitation
(1)
“27A Actions for recovery of property obtained through unlawful conduct etc.
(1)
None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct).
(2)
Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be brought after the expiration of the period of twelve years from the date on which the Director’s cause of action accrued.
(3)
Proceedings under that Chapter are brought when—
(a)
a claim form is issued, or
(b)
an application is made for an interim receiving order,
whichever is the earlier.
(4)
The Director’s cause of action accrues in respect of any recoverable property—
(a)
in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained,
(b)
in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained.
(5)
If—
(a)
a person would (but for the preceding provisions of this Act) have a cause of action in respect of the conversion of a chattel, and
(b)
proceedings are started under that Chapter for a recovery order in respect of the chattel,
section 3(2) of this Act does not prevent his asserting on an application under section 281 of that Act that the property belongs to him, or the court making a declaration in his favour under that section.
(6)
If the court makes such a declaration, his title to the chattel is to be treated as not having been extinguished by section 3(2) of this Act.
(7)
Expressions used in this section and Part 5 of that Act have the same meaning in this section as in that Part.”
(2)
“19B Actions for recovery of property obtained through unlawful conduct etc.
(1)
None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct).
(2)
Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be commenced after the expiration of the period of twelve years from the date on which the Scottish Ministers’ right of action accrued.
(3)
Proceedings under that Chapter are commenced when—
(a)
the proceedings are served, or
(b)
an application is made for an interim administration order,
whichever is the earlier.
(4)
The Scottish Ministers’ right of action accrues in respect of any recoverable property—
(a)
in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained,
(b)
in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained.
(5)
Expressions used in this section and Part 5 of that Act have the same meaning in this section as in that Part.”
(3)
“ Actions for recovery of property obtained through unlawful conduct etc.72A
(1)
None of the time limits fixed by Parts II and III applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct).
(2)
Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be brought after the expiration of the period of twelve years from the date on which the Director’s cause of action accrued.
(3)
Proceedings under that Chapter are brought when—
(a)
a claim form is issued, or
(b)
an application is made for an interim receiving order,
whichever is the earlier.
(4)
The Director’s cause of action accrues in respect of any recoverable property—
(a)
in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained,
(b)
in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained.
(5)
If—
(a)
a person would (but for a time limit fixed by this Order) have a cause of action in respect of the conversion of a chattel, and
(b)
proceedings are started under that Chapter for a recovery order in respect of the chattel,
Article 17(2) does not prevent his asserting on an application under section 281 of that Act that the property belongs to him, or the court making a declaration in his favour under that section.
(6)
If the court makes such a declaration, his title to the chattel is to be treated as not having been extinguished by Article 17(2).
(7)
Expressions used in this Article and Part 5 of that Act have the same meaning in this Article as in that Part.”