Part 8Investigations
C1Chapter 2England and Wales and Northern Ireland
F1Unexplained wealth orders: interim freezing of property
S. 362J 362R and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 2, 58(1)(6); S.I. 2018/78, reg. 3(a); S.I. 2021/724, reg. 2(1)(a)
362LExclusions
1
The power to vary an interim freezing order includes (amongst other things) power to make exclusions as follows—
a
power to exclude property from the order, and
b
power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.
2
Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.
3
An exclusion may (amongst other things) make provision for the purpose of enabling any person—
a
to meet the person's reasonable living expenses, or
b
to carry on any trade, business, profession or occupation.
4
An exclusion may be made subject to conditions.
5
Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Chapter, it must ensure that the exclusion—
a
is limited to reasonable legal expenses that the person has reasonably incurred or reasonably incurs,
b
specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and
c
is made subject to the same conditions as would be the required conditions (see section 286A) if the order had been made under section 245A (in addition to any conditions under subsection (4)).
6
The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Chapter—
a
must have regard to the desirability of the person being represented in any proceedings under this Chapter in which the person is a participant, and
b
must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by the Northern Ireland Legal Services Commission.
7
If excluded property is not specified in the order it must be described in the order in general terms.
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)