PART 33CONFISCATION AND RELATED PROCEEDINGS

RECEIVERSHIP PROCEEDINGS

Applications for discharge or variation of receivership orders, and applications for other orders33.58

1

This rule applies to applications under section 62(3) of the Proceeds of Crime Act 2002 for orders (by persons affected by the action of receivers) and applications under section 63(1) of the 2002 Act711 for the discharge or variation of orders relating to receivers.

2

The application must be made in writing and lodged with the Crown Court.

3

The application must be served on the following persons (except where they are the person making the application)—

a

the person who applied for appointment of the receiver;

b

the defendant;

c

any person who holds realisable property in respect of which the receiver has been appointed;

d

the receiver; and

e

any other person whom the applicant knows to be affected by the application,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

4

If the court makes an order for the discharge or variation of an order relating to a receiver under section 63(2) of the 2002 Act, the applicant must serve copies of the order on any persons whom he knows to be affected by the order.