The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Appointment of Director of Agency’s receivers

This section has no associated Explanatory Memorandum

116.—(1) This article applies if—

(a)an external order is registered, and

(b)the Director of the Agency is appointed as the enforcement authority for the order under article 108.

(2) If this article applies, the Crown Court must make an order for the appointment of a receiver in respect of—

(a)where the external order is for the recovery of a specified sum of money, realisable property;

(b)where the external order is for the recovery of specified property, that property.

(3) An order under paragraph (2)—

(a)must confer power on the Director to nominate the person who is to be the receiver, and

(b)takes effect when the Director nominates that person.

(4) The Director must not nominate a person under paragraph (3) unless at the time he does so—

(a)the external order is not satisfied, and

(b)in the case of an external order for the recovery of a specified sum of money, any period specified by order under article 112 has expired.

(5) A person nominated to be the receiver under paragraph (3) may be—

(a)a member of the staff of the Agency;

(b)a person providing services under arrangements made by the Director.