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Proceeds of Crime Act 2002

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Changes over time for: Section 206

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206 Restraint ordersN.I.

This section has no associated Explanatory Notes

(1)Subsections (2) and (3) apply if a court makes a restraint order.

(2)If the order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (3) except with the leave of the High Court and subject to any terms the High Court may impose.

(3)A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.

(4)If a court in which proceedings are pending in respect of any property is satisfied that a restraint order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.

(5)Before exercising any power conferred by subsection (4), the court must give an opportunity to be heard to—

(a)the applicant for the restraint order, and

(b)any receiver appointed in respect of the property under section 196[F1or 198].

Textual Amendments

F1Words in s. 206(5)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 59; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Modifications etc. (not altering text)

C1Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I1S. 206 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

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