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Proceeds of Crime Act 2002
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Changes over time for: Section 396J
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- 27/04/2017- Amendment
- 31/01/2018- Amendment
- 28/06/2021
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Proceeds of Crime Act 2002, Section 396J is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1396JApplication for interim freezing orderS
This section has no associated Explanatory Notes
(1)This section applies where the Court of Session makes an unexplained wealth order in respect of any property.
(2)The court may make an interim freezing order in respect of the property if the court considers it necessary to do so for the purposes of avoiding the risk of any recovery order that might subsequently be obtained being frustrated.
(3)An interim freezing order is an order that prohibits the respondent to the unexplained wealth order, and any other person with an interest in the property, from in any way dealing with the property (subject to any exclusions under section 396L).
(4)An interim freezing order—
(a)may be made only on the application of the Scottish Ministers,
(b)must be made in the same proceedings as those in which the unexplained wealth order is made, and
(c)may be combined in one document with the unexplained wealth order.
(5)If an application for an unexplained wealth order in respect of any property is made without notice, an application for an interim freezing order in respect of the property must also be made without notice.]
Textual Amendments
F1Ss. 396J-396S inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 5, 58(1)(6); S.I. 2018/78, reg. 3(a)
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