C2C1C3Part 2Confiscation: England and Wales

Annotations:

Restrictions

I1C2C159C2C1 Enforcement receivers

1

Subsections (2) to (4) apply if a court makes an order under section 50 appointing a receiver in respect of any realisable property.

2

No distress may be levied against the property except with the leave of the Crown Court and subject to any terms the Crown Court may impose.

3

If the receiver is appointed in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.

4

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.

5

If a court in which proceedings are pending in respect of any property is satisfied that an order under section 50 appointing a receiver in respect of the property has been applied for or made, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.

6

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

a

the prosecutor, and

b

the receiver (if the order under section 50 has been made).