72ABActions to prohibit dealing with property subject to an external request

1

None of the time limits fixed by Parts 2 and 3 applies to any proceedings under Part 4A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 200531 (giving effect to external request by means of civil proceedings).

2

Proceedings under that Part of that Order for a prohibition order in respect of relevant property shall not be brought after the expiration of the period of 20 years from the date on which the relevant person’s cause of action accrued.

3

Proceedings under that Part are brought when an application is made for a prohibition order.

4

The relevant person’s cause of action accrues in respect of relevant property when the property is obtained (or when it is believed to have been obtained) as a result of or in connection with criminal conduct.

5

In this Article—

a

“criminal conduct” is to be construed in accordance with section 447(8) of the Act,

b

expressions used in this Article and Part 4A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 have the same meaning in this Article as in that Part.

6

In this Article “relevant person” means—

a

the National Crime Agency,

b

the Director of Public Prosecutions for Northern Ireland, or

c

the Director of the Serious Fraud Office.

3A

If, before an event mentioned in paragraph (3) occurs, an application is made for a prohibition order under Part 4A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, the proceedings under Chapter 2 of Part 5 of the Order are to be treated as having been brought when that application is made.