The Civil Procedure Rules 1998 No. 3132 (L. 17)

SCHEDULE 1 E+W

Modifications etc. (not altering text)

C1 Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

Commencement Information

I1 Sch. 1 in force at 26.4.1999, see Signature

RSC ORDER 115 E+W CONFISCATION AND FORFEITURE IN CONNECTION WITH CRIMINAL PRO CEEDINGS

I. Drug Trafficking Act 1994(1) and Criminal Justice (International Co-operation) Act 1990(2) E+W

Application for restraint order or charging order E+W

Rule 3—(1) An application for a restraint order under section 26 or for a charging order under section 27 (to either of which may be joined an application for the appointment of a receiver) may be made by the prosecutor by the issue of a claim form, notice of which need not be served on any other party.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall—

(a) give the grounds for the application; and

(b) to the best of the witness’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) Unless the Court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

(1)

1994 c. 37.

(2)

1990 c. 5.