Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2Civil recovery in the High Court or Court of Session

F1Property freezing orders (England and Wales and Northern Ireland)

Annotations:
Amendments (Textual)
F1

Ss. 245A-245D and cross-heading inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 98(1), 178(8); S.I. 2005/3136, art. 3(a)

245EF2Receivers in connection with property freezing orders

1

Subsection (2) applies if—

a

the High Court makes a property freezing order on an application by an enforcement authority, and

b

the authority applies to the court to proceed under subsection (2) (whether as part of the application for the property freezing order or at any time afterwards).

2

The High Court may by order appoint a receiver in respect of any property to which the property freezing order applies.

3

An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.

4

In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a receiver.

5

Such a person may be a member of staff of the enforcement authority.

6

The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.

7

Subsection (6) does not apply in relation to the remuneration of the receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).