Law

Proceeds of Crime Act 2002

United Kingdom · statute

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In force since 2026-06-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 824 provisions
  1. Title and introductory text
  2. 1 The Agency and its Director
  3. 2 Director’s functions: general
  4. 2A Contribution to the reduction of crime
  5. 2B The National Crime Agency and its officers
  6. 2C Prosecuting authorities
  7. 3 Accreditation and training
  8. 4 Co-operation
  9. 5 Advice and assistance
  10. 5A The principal objective
  11. 6 Making of order
  12. 7 Recoverable amount
  13. 8 Defendant’s benefit
  14. 9 Available amount
  15. 9A Hidden property
  16. 10 Assumptions to be made in case of criminal lifestyle
  17. 10A Determination of extent of defendant's interest in property
  18. 11 Time for payment
  19. 12 Interest on unpaid sums
  20. 13 Effect of order on court’s other powers
  21. 13A Orders for securing compliance with confiscation order
  22. 13B Appeals against orders under section 13A
  23. 14 Postponement
  24. 15 Effect of postponement
  25. 15A Timing of confiscation proceedings and effect on sentencing
  26. 15B Early resolution meeting
  27. 15C Early resolution hearing
  28. 16 Statement of information
  29. 17 Defendant’s response to statement of information
  30. 18 Provision of information by defendant
  31. 18A Provision of information as to defendant's interest in property
  32. 19 No order made: reconsideration of case
  33. 20 No order made: reconsideration of benefit
  34. 21 Order made: reconsideration of benefit
  35. 21A Order made: reconsideration of benefit on decrease in value and sale etc
  36. 22 Order made: reconsideration of available amount
  37. 22A Increased available amount: compensation directions
  38. 23 Inadequacy of available amount: variation of order
  39. 24 Inadequacy of available amount: discharge of order
  40. 25 Small amount outstanding: discharge of order
  41. 25A Recovery from estate of deceased defendant impractical: discharge of order
  42. 26 Information
  43. 27 Defendant convicted or committed
  44. 28 Defendant neither convicted nor acquitted
  45. 29 Variation of order
  46. 30 Discharge of order
  47. 31 Appeal by prosecutor etc ...
  48. 32 Court’s powers on appeal
  49. 33 Appeal to Supreme Court
  50. 34 Enforcement authority
  51. 35 Enforcement as fines
  52. 36 Director appointed as enforcement authority
  53. 37 Director’s application for enforcement
  54. 38 Provisions about imprisonment or detention
  55. 39 Reconsideration etc: variation of prison term
  56. 40 Conditions for exercise of powers
  57. 41 Restraint orders
  58. 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
  59. 41A Restraint orders: power to retain seized property etc.
  60. 42 Application, discharge and variation
  61. 42A Restraint orders: effect of conviction
  62. 43 Appeal to Court of Appeal
  63. 44 Appeal to Supreme Court
  64. 44A Detention of property pending appeal
  65. 45 Seizure
  66. 46 Hearsay evidence
  67. 47 Supplementary
  68. 47A Sections 47B to 47S: meaning of “appropriate officer”
  69. 47B Conditions for exercise of powers
  70. 47C Power to seize property
  71. 47D Search power: premises
  72. 47E Search power: people
  73. 47F Search power: vehicles
  74. 47G “Appropriate approval”
  75. 47H Exercise of powers without judicial approval
  76. 47I Report by appointed person on exercise of powers
  77. 47J Initial detention of seized property
  78. 47K Further detention pending making of restraint order
  79. 47L Further detention pending variation of restraint order
  80. 47M Further detention in other cases
  81. 47N Discharge, variation and lapse of detention order
  82. 47O Appeals
  83. 47P Detention of property pending section 47O appeal
  84. 47Q Hearsay evidence in detention order proceedings
  85. 47R Release of property
  86. 47S Codes of practice
  87. 48 Appointment
  88. 49 Powers
  89. 50 Appointment
  90. 51 Powers
  91. 52 Appointment
  92. 53 Powers
  93. 54 Enforcement receivers
  94. 55 Sums received by designated officer
  95. 56 Director’s receivers
  96. 57 Sums received by Director
  97. 58 Restraint orders
  98. 59 Enforcement receivers
  99. 60 Director’s receivers
  100. 61 Protection
  101. 62 Further applications
  102. 63 Discharge and variation
  103. 64 Management receivers: discharge
  104. 65 Appeal to Court of Appeal
  105. 66 Appeal to Supreme Court
  106. 67 Money
  107. 67ZA Cryptoassets
  108. 67ZB Meaning of “UK-connected cryptoasset service provider”
  109. 67A Seized personal property
  110. 67AA Destruction of seized cryptoassets
  111. 67B Costs of storage and realisation
  112. 67C Sections 67ZA to 67B: appeals
  113. 67D Proceeds of realisation
  114. 67E Appeals in relation to confiscation orders
  115. 67F Appeals under section 67E: supplementary
  116. 67G Appeals in relation to section 10A determinations
  117. 67H Appeals in relation to compliance orders
  118. 67I Appeals in relation to variations of confiscation order
  119. 67J Appeals in relation to restraint orders
  120. 67K Appeals in relation to management and enforcement receivers
  121. 67L Appeals in relation to realisation etc of seized property
  122. 68 Applications and appeals
  123. 69 Specific powers of court and receiver etc.
  124. 70 Committal by magistrates’ court
  125. 71 Sentencing by Crown Court
  126. 72 Serious default
  127. 73 Order varied or discharged
  128. 74 Enforcement abroad
  129. 75 Criminal lifestyle
  130. 76 Conduct and benefit
  131. 77 Tainted gifts
  132. 78 Gifts and their recipients
  133. 79 Value: the basic rule
  134. 80 Value of property obtained from conduct
  135. 80A Mortgages
  136. 81 Value of tainted gifts
  137. 82 Free property
  138. 83 Realisable property
  139. 84 Property: general provisions
  140. 84A Cryptoassets etc
  141. 85 Proceedings
  142. 86 Applications
  143. 87 Confiscation orders
  144. 87A No further possibility of appeal
  145. 88 Other interpretative provisions
  146. 89 Procedure on appeal to the Court of Appeal
  147. 90 Procedure on appeal to the Supreme Court
  148. 91 Crown Court Rules
  149. 92 Making of order
  150. 93 Recoverable amount
  151. 94 Accused’s benefit
  152. 95 Available amount
  153. 96 Assumptions to be made in case of criminal lifestyle
  154. 97 Effect of order on court’s other powers
  155. 97A Application of receipts: restitution order and victim surcharge
  156. 97B Orders for securing compliance with confiscation order
  157. 97C Breach of compliance order
  158. 97D Appeals against variation or discharge of compliance orders
  159. 98 Disposal of family home
  160. 99 Postponement
  161. 100 Effect of postponement
  162. 101 Statement of information
  163. 102 Accused’s response to statement of information
  164. 103 Provision of information by accused
  165. 104 No order made: reconsideration of case
  166. 105 No order made: reconsideration of benefit
  167. 106 Order made: reconsideration of benefit
  168. 107 Order made: reconsideration of available amount
  169. 108 Inadequacy of available amount: variation of order
  170. 109 Inadequacy of available amount: discharge of order
  171. 110 Information
  172. 111 Conviction or other disposal of accused
  173. 112 Accused neither convicted nor acquitted
  174. 113 Variation of order
  175. 114 Discharge of order
  176. 115 Appeal by prosecutor
  177. 116 Time for payment
  178. 116A Further time for payment due to coronavirus
  179. 117 Interest on unpaid sums
  180. 118 Application of provisions about fine enforcement
  181. 119 Conditions for exercise of powers
  182. 120 Restraint orders etc
  183. 120A Restraint orders: power to retain seized property etc.
  184. 121 Application, recall and variation
  185. 122 Appeals
  186. 122A Detention of property pending appeal
  187. 123 Inhibition of property affected by order
  188. 124 Arrestment of property affected by order
  189. 125 Management administrators
  190. 126 Seizure
  191. 127 Restraint orders: restriction on proceedings and remedies
  192. 127A Sections 127B to 127R: meaning of “appropriate officer”
  193. 127B Conditions for exercise of powers
  194. 127C Power to seize property
  195. 127D Search power: premises
  196. 127E Search power: people
  197. 127F Search power: vehicles
  198. 127G “Appropriate approval”
  199. 127H Exercise of powers without judicial approval
  200. 127I Report by appointed person on exercise of powers
  201. 127J Initial detention of seized property
  202. 127K Further detention pending making of restraint order
  203. 127L Further detention pending variation of restraint order
  204. 127M Further detention in other cases
  205. 127N Discharge, variation and lapse of detention order
  206. 127O Appeals
  207. 127P Detention of property pending section 127O appeal
  208. 127Q Release of property
  209. 127R Guidance by Lord Advocate
  210. 128 Enforcement administrators
  211. 129 Management administrators: discharge
  212. 130 Application of sums by enforcement administrator
  213. 131 Sums received by clerk of court
  214. 131ZA Money
  215. 131ZB Cryptoassets
  216. 131ZC Meaning of “UK-connected cryptoasset service provider”
  217. 131A Seized personal property
  218. 131AA Destruction of seized cryptoassets
  219. 131B Costs of storage and realisation
  220. 131C Sections 131ZB to 131B: appeals
  221. 131D Proceeds of realisation
  222. 132 Powers of court and administrator etc
  223. 133 Protection of administrators
  224. 134 Protection of persons affected
  225. 135 Recall and variation of order
  226. 136 Appeals
  227. 137 Administrators: further provision
  228. 138 Administrators: restriction on proceedings and remedies
  229. 139 Serious default
  230. 140 Confiscation order varied or discharged
  231. 141 Enforcement abroad
  232. 142 Criminal lifestyle
  233. 143 Conduct and benefit
  234. 144 Tainted gifts and their recipients
  235. 145 Value: the basic rule
  236. 146 Value of property obtained from conduct
  237. 147 Value of tainted gifts
  238. 148 Free property
  239. 149 Realisable property
  240. 150 Property: general provisions
  241. 150A Cryptoassets etc
  242. 151 Proceedings
  243. 152 Applications
  244. 153 Satisfaction of confiscation orders
  245. 153A No further possibility of appeal
  246. 154 Other interpretative provisions
  247. 155 Rules of court
  248. 156 Making of order
  249. 157 Recoverable amount
  250. 158 Defendant’s benefit
  251. 159 Available amount
  252. 160 Assumptions to be made in case of criminal lifestyle
  253. 160A Determination of extent of defendant's interest in property
  254. 161 Time for payment
  255. 162 Interest on unpaid sums
  256. 163 Effect of order on court’s other powers
  257. 163A Orders for securing compliance with confiscation order
  258. 163B Appeals against orders under section 163A
  259. 164 Postponement
  260. 165 Effect of postponement
  261. 166 Statement of information
  262. 167 Defendant’s response to statement of information
  263. 168 Provision of information by defendant
  264. 168A Provision of information as to defendant's interest in property
  265. 169 No order made: reconsideration of case
  266. 170 No order made: reconsideration of benefit
  267. 171 Order made: reconsideration of benefit
  268. 172 Order made: reconsideration of available amount
  269. 173 Inadequacy of available amount: variation of order
  270. 174 Inadequacy of available amount: discharge of order
  271. 175 Small amount outstanding: discharge of order
  272. 175A Recovery from estate of deceased defendant impractical: discharge of order
  273. 176 Information
  274. 177 Defendant convicted or committed
  275. 178 Defendant neither convicted nor acquitted
  276. 179 Variation of order
  277. 180 Discharge of order
  278. 181 Appeal by prosecutor etc ...
  279. 182 Court’s powers on appeal
  280. 183 Appeal to Supreme Court
  281. 184 Enforcement authority
  282. 185 Enforcement as fines etc
  283. 186 Director’s application for enforcement
  284. 187 Provisions about imprisonment or detention
  285. 188 Reconsideration etc: variation of prison term
  286. 189 Conditions for exercise of powers
  287. 190 Restraint orders
  288. 190A Restraint orders: power to retain seized property
  289. 191 Application, discharge and variation
  290. 192 Appeal to Court of Appeal
  291. 193 Appeal to Supreme Court
  292. 193A Detention of property pending appeal
  293. 194 Seizure
  294. 195 Supplementary
  295. 195A Sections 195B to 195S: meaning of “appropriate officer”
  296. 195B Conditions for exercise of powers
  297. 195C Power to seize property
  298. 195D Search power: premises
  299. 195E Search power: people
  300. 195F Search power: vehicles
  301. 195G “Appropriate approval”
  302. 195H Exercise of powers without judicial approval
  303. 195I Report by appointed person on exercise of powers
  304. 195J Initial detention of seized property
  305. 195K Further detention pending making of restraint order
  306. 195L Further detention pending variation of restraint order
  307. 195M Further detention in other cases
  308. 195N Discharge, variation and lapse of detention order
  309. 195O Appeals
  310. 195P Detention of property pending section 195O appeal
  311. 195Q Hearsay evidence in detention order proceedings
  312. 195R Release of property
  313. 195S Codes of practice : Secretary of State
  314. 195T Codes of practice: Department of Justice
  315. 196 Appointment
  316. 197 Powers
  317. 198 Appointment
  318. 199 Powers
  319. 200 Appointment
  320. 201 Powers
  321. 202 Enforcement receivers
  322. 203 Sums received by chief clerk
  323. 204 Director’s receivers
  324. 205 Sums received by Director
  325. 206 Restraint orders
  326. 207 Enforcement receivers
  327. 208 Director’s receivers
  328. 209 Protection
  329. 210 Further applications
  330. 211 Discharge and variation
  331. 212 Management receivers: discharge
  332. 213 Appeal to Court of Appeal
  333. 214 Appeal to Supreme Court
  334. 215 Money
  335. 215ZA Cryptoassets
  336. 215ZB Meaning of “UK-connected cryptoasset service provider”
  337. 215A Seized personal property
  338. 215AA Destruction of seized cryptoassets
  339. 215B Costs of storage and realisation
  340. 215C Sections 215ZA to 215B: appeals
  341. 215D Proceeds of realisation
  342. 216 Applications and appeals
  343. 217 Powers of court and receiver etc
  344. 218 Committal by magistrates’ court
  345. 219 Sentencing by Crown Court
  346. 220 Serious default
  347. 221 Order varied or discharged
  348. 222 Enforcement abroad
  349. 223 Criminal lifestyle
  350. 224 Conduct and benefit
  351. 225 Tainted gifts
  352. 226 Gifts and their recipients
  353. 227 Value: the basic rule
  354. 228 Value of property obtained from conduct
  355. 229 Value of tainted gifts
  356. 230 Free property
  357. 231 Realisable property
  358. 232 Property: general provisions
  359. 232A Cryptoassets etc
  360. 233 Proceedings
  361. 234 Applications
  362. 235 Confiscation orders
  363. 235A No further possibility of appeal
  364. 236 Other interpretative provisions
  365. 237 Procedure on appeal to the Court of Appeal
  366. 238 Procedure on appeal to the
  367. 239 Crown Court Rules
  368. 240 General purpose of this Part
  369. 241 “Unlawful conduct”
  370. 241A “Gross human rights abuse or violation”
  371. 242 “Property obtained through unlawful conduct”
  372. 243 Proceedings for recovery orders in England and Wales or Northern Ireland
  373. 244 Proceedings for recovery orders in Scotland
  374. 245 “Associated property”
  375. 245ZA Notice to local authority: Scotland
  376. 245A Application for property freezing order
  377. 245B Variation and setting aside of order
  378. 245C Exclusions
  379. 245D Restriction on proceedings and remedies
  380. 245E Receivers in connection with property freezing orders
  381. 245F Powers of receivers appointed under section 245E
  382. 245G Supervision of section 245E receiver and variations
  383. 246 Application for interim receiving order
  384. 247 Functions of interim receiver
  385. 248 Registration
  386. 249 Registration (Northern Ireland)
  387. 250 Duties of respondent etc.
  388. 251 Supervision of interim receiver and variation of order
  389. 252 Restrictions on dealing etc. with property
  390. 253 Restriction on proceedings and remedies
  391. 254 Exclusion of property which is not recoverable etc.
  392. 255 Reporting
  393. 255A Application for prohibitory property order
  394. 255B Variation and recall of prohibitory property order
  395. 255C Exclusions
  396. 255D Restriction on proceedings and remedies
  397. 255E Arrestment of property affected by prohibitory property order
  398. 255F Inhibition of property affected by prohibitory property order
  399. 255G Receivers in connection with prohibitory property orders
  400. 255H Powers of receivers appointed under section 255G
  401. 255I Supervision of PPO receiver and variations
  402. 256 Application for interim administration order
  403. 257 Functions of interim administrator
  404. 258 Inhibition of property affected by order
  405. 259 Duties of respondent etc.
  406. 260 Supervision of interim administrator and variation of order
  407. 261 Restrictions on dealing etc. with property
  408. 262 Restriction on proceedings and remedies
  409. 263 Exclusion of property which is not recoverable etc.
  410. 264 Reporting
  411. 265 Arrestment of property affected by interim administration order
  412. 266 Recovery orders
  413. 267 Functions of the trustee for civil recovery
  414. 268 Recording of recovery order (Scotland)
  415. 269 Rights of pre-emption, etc.
  416. 269A Leases and occupancy rights: Scotland
  417. 270 Associated and joint property
  418. 271 Agreements about associated and joint property
  419. 272 Associated and joint property: default of agreement
  420. 273 Payments in respect of rights under pension schemes
  421. 274 Consequential adjustment of liabilities under pension schemes
  422. 275 Pension schemes: supplementary
  423. 276 Consent orders
  424. 277 Consent orders: pensions
  425. 278 Limit on recovery
  426. 279 Section 278: supplementary
  427. 280 Applying realised proceeds
  428. 281 Victims of theft, etc.
  429. 282 Other exemptions
  430. 282A Scope of powers
  431. 282B Enforcement abroad before recovery order: enforcement authority
  432. 282C Enforcement abroad before recovery order: receiver or administrator
  433. 282CA Enforcement abroad before recovery order: PPO receiver
  434. 282D Evidence overseas: interim receiver or interim administrator
  435. 282E Evidence overseas: restrictions on use
  436. 282F Enforcement abroad: after recovery order
  437. 283 Compensation
  438. 284 Payment of interim administrator or trustee (Scotland)
  439. 285 Effect on diligence of recovery order (Scotland)
  440. 286 Scope of powers (Scotland)
  441. 286A Legal expenses excluded from freezing: required conditions
  442. 286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)
  443. 287 Financial threshold
  444. 288 Limitation
  445. 288A Costs orders and expenses orders
  446. 289 Searches
  447. 290 Prior approval
  448. 291 Report on exercise of powers
  449. 292 Code of practice
  450. 293 Code of practice (Scotland)
  451. 293A Code of practice (Northern Ireland)
  452. 294 Seizure of cash
  453. 295 Detention of seized cash
  454. 296 Interest
  455. 297 Release of detained cash
  456. 297A Forfeiture notice
  457. 297B Content
  458. 297C Effect
  459. 297D Detention following lapse of notice
  460. 297E Application to set aside forfeiture
  461. 297F Release of cash subject to forfeiture notice
  462. 297G Application of forfeited cash
  463. 298 Forfeiture
  464. 299 Appeal against decision under section 298
  465. 300 Application of forfeited cash
  466. 301 Victims and other owners
  467. 302 Compensation
  468. 302A Powers for prosecutors to appear in proceedings
  469. 303 “The minimum amount”
  470. 303A Financial investigators
  471. 303B “Listed asset”
  472. 303C Searches
  473. 303D Searches: supplemental provision
  474. 303E Prior approval
  475. 303F Report on exercise of powers
  476. 303G Code of practice: Secretary of State
  477. 303H Code of practice: Scotland
  478. 303I Code of practice: Northern Ireland
  479. 303J Seizure of listed assets
  480. 303K Initial detention of seized property
  481. 303L Further detention of seized property
  482. 303M Testing and safekeeping of property seized under section 303J
  483. 303N Release of detained property
  484. 303O Forfeiture
  485. 303P Associated and joint property
  486. 303Q Agreements about associated and joint property
  487. 303R Associated and joint property: default of agreement
  488. 303S Sections 303O to 303R: appeals
  489. 303T Realisation of forfeited property
  490. 303U Proceeds of realisation
  491. 303V Victims and other owners
  492. 303W Compensation
  493. 303X Powers for prosecutors to appear in proceedings
  494. 303Y “The minimum value”
  495. 303Z Financial investigators
  496. 303Z1 Application for account freezing order
  497. 303Z2 Restrictions on making of application under section 303Z1
  498. 303Z3 Making of account freezing order
  499. 303Z4 Variation and setting aside of account freezing order
  500. 303Z5 Exclusions
  501. 303Z6 Restriction on proceedings and remedies
  502. 303Z7 “Bank”
  503. 303Z8 “The minimum amount”
  504. 303Z9 Account forfeiture notice
  505. 303Z10 Giving of account forfeiture notice
  506. 303Z11 Lapse of account forfeiture notice
  507. 303Z12 Application to set aside forfeiture
  508. 303Z13 Application of money forfeited under account forfeiture notice
  509. 303Z14 Forfeiture order
  510. 303Z15 Continuation of account freezing order pending appeal
  511. 303Z16 Appeal against decision under section 303Z14
  512. 303Z17 Application of money forfeited under account forfeiture order
  513. 303Z17A Victims and other owners
  514. 303Z18 Compensation
  515. 303Z19 Powers for prosecutors to appear in proceedings
  516. 303Z20 Definitions
  517. 303Z21 Searches
  518. 303Z22 Searches: supplemental provision
  519. 303Z23 Prior approval
  520. 303Z24 Report on exercise of powers
  521. 303Z25 Codes of practice
  522. 303Z26 Seizure of cryptoasset-related items
  523. 303Z27 Initial detention of seized cryptoasset-related items
  524. 303Z28 Further detention of seized cryptoasset-related items
  525. 303Z29 Seizure of cryptoassets
  526. 303Z30 Prior authorisation for detention of cryptoassets
  527. 303Z31 Initial detention of seized cryptoassets
  528. 303Z32 Further detention of seized cryptoassets
  529. 303Z33 Safekeeping of cryptoassets and cryptoasset-related items
  530. 303Z34 Release of cryptoassets and cryptoasset-related items
  531. 303Z35 Definitions
  532. 303Z36 Application for crypto wallet freezing order
  533. 303Z37 Making of a crypto wallet freezing order
  534. 303Z38 Variation and setting aside of crypto wallet freezing order
  535. 303Z39 Exclusions
  536. 303Z40 Restrictions on proceedings and remedies
  537. 303Z41 Forfeiture order
  538. 303Z42 Forfeiture order: supplementary
  539. 303Z43 Associated and joint property
  540. 303Z44 Agreements about associated and joint property
  541. 303Z45 Associated and joint property: default of agreement
  542. 303Z46 Continuation of crypto wallet freezing order pending appeal
  543. 303Z47 Sections 303Z41 to 303Z45: appeals
  544. 303Z48 Realisation or destruction of forfeited cryptoassets etc
  545. 303Z49 Proceeds of realisation
  546. 303Z50 Victims and other owners: detained cryptoassets
  547. 303Z51 Victims and other owners: crypto wallet freezing orders
  548. 303Z52 Compensation
  549. 303Z53 Powers for prosecutors to appear in proceedings
  550. 303Z54 Detained cryptoassets: conversion
  551. 303Z55 Frozen crypto wallet: conversion
  552. 303Z56 Conversion: existing forfeiture proceedings
  553. 303Z57 Detained cryptoassets: detention of proceeds of conversion
  554. 303Z58 Frozen crypto wallets: detention of proceeds of conversion
  555. 303Z59 Release of detained converted cryptoassets
  556. 303Z60 Forfeiture order
  557. 303Z61 Appeal against decision under section 303Z60
  558. 303Z62 Application of forfeited converted cryptoassets
  559. 303Z63 Victims and other owners
  560. 303Z64 Compensation
  561. 303Z65 Powers for prosecutors to appear in proceedings
  562. 303Z66 Interpretation
  563. 304 Property obtained through unlawful conduct
  564. 305 Tracing property, etc.
  565. 306 Mixing property
  566. 307 Recoverable property: accruing profits
  567. 308 General exceptions
  568. 309 Other exemptions
  569. 310 Granting interests
  570. 311 Insolvency
  571. 311A Financial investigators
  572. 312 Performance of functions of Scottish Ministers by constables in Scotland
  573. 313 Restriction on performance of Director’s functions by police
  574. 314 Obtaining and disposing of property
  575. 315 Northern Ireland courts
  576. 316 General interpretation
  577. 317 The National Crime Agency's general Revenue functions
  578. 318 Revenue functions regarding employment
  579. 319 Source of income
  580. 320 Appeals
  581. 321 The National Crime Agency's functions: transfers of value
  582. 322 The National Crime Agency's functions: certain settlements
  583. 323 Functions
  584. 324 Exercise of Revenue functions
  585. 325 Declarations
  586. 326 Interpretation
  587. 327 Concealing etc
  588. 328 Arrangements
  589. 329 Acquisition, use and possession
  590. 330 Failure to disclose: regulated sector
  591. 331 Failure to disclose: nominated officers in the regulated sector
  592. 332 Failure to disclose: other nominated officers
  593. 333 Tipping off
  594. 333A Tipping off: regulated sector
  595. 333B Disclosures within an undertaking or group etc
  596. 333C Other permitted disclosures between institutions etc
  597. 333D Other permitted disclosures etc
  598. 333E Interpretation of sections 333A to 333D
  599. 334 Penalties
  600. 335 Appropriate consent
  601. 336 Nominated officer: consent
  602. 336A Power of court to extend the moratorium period
  603. 336B Proceedings under section 336A: supplementary
  604. 336C Extension of moratorium period pending determination of proceedings etc
  605. 336D Sections 336A to 336C: interpretation
  606. 337 Protected disclosures
  607. 338 Authorised disclosures
  608. 339 Form and manner of disclosures
  609. 339ZA Disclosures to the NCA
  610. 339ZB Voluntary disclosures within the regulated sector
  611. 339ZC Section 339ZB: disclosure requests and required notifications
  612. 339ZD Section 339ZB: effect on required disclosures under section 330 or 331
  613. 339ZE Limitations on application of section 339ZD(2) and (3)
  614. 339ZF Section 339ZB: supplementary
  615. 339ZG Sections 339ZB to 339ZF: interpretation
  616. 339ZH Information orders
  617. 339ZL Code of practice about certain information orders
  618. 339ZI Statements
  619. 339ZJ Appeals
  620. 339ZK Supplementary
  621. 339A Threshold amounts
  622. 340 Interpretation
  623. 341 Investigations
  624. 341A Orders and warrants sought for civil recovery investigations
  625. 342 Offences of prejudicing investigation
  626. 343 Judges
  627. 344 Courts
  628. 345 Production orders
  629. 346 Requirements for making of production order
  630. 347 Order to grant entry
  631. 348 Further provisions
  632. 349 Computer information
  633. 350 Government departments
  634. 351 Supplementary
  635. 352 Search and seizure warrants
  636. 353 Requirements where production order not available
  637. 354 Further provisions: general
  638. 355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations
  639. 356 Further provisions: civil recovery ... and exploitation proceeds investigations
  640. 356A Certain offences in relation to execution of search and seizure warrants
  641. 357 Disclosure orders
  642. 358 Requirements for making of disclosure order
  643. 359 Offences
  644. 360 Statements
  645. 361 Further provisions
  646. 362 Supplementary
  647. 362A Unexplained wealth orders
  648. 362B Requirements for making of unexplained wealth order
  649. 362C Effect of order: cases of non-compliance
  650. 362D Effect of order: cases of compliance or purported compliance
  651. 362DA Extension of period for making determination where interim freezing order has been made
  652. 362DB Extension of period pending determination of proceedings etc
  653. 362E Offence
  654. 362F Statements
  655. 362G Disclosure of information, copying of documents, etc
  656. 362H Holding of property: trusts and company arrangements etc
  657. 362I Supplementary
  658. 362IA Annual reports
  659. 362J Application for interim freezing order
  660. 362K Variation and discharge of interim freezing order
  661. 362L Exclusions
  662. 362M Restrictions on proceedings and remedies
  663. 362N Receivers in connection with interim freezing orders
  664. 362O Powers of receivers appointed under section 362N
  665. 362P Supervision of section 362N receiver and variations
  666. 362Q Registration
  667. 362R Compensation
  668. 362S Enforcement abroad: enforcement authority
  669. 362T Enforcement abroad: receiver
  670. 362U Costs orders
  671. 363 Customer information orders
  672. 364 Meaning of customer information
  673. 365 Requirements for making of customer information order
  674. 366 Offences
  675. 367 Statements
  676. 368 Disclosure of information
  677. 369 Supplementary
  678. 370 Account monitoring orders
  679. 371 Requirements for making of account monitoring order
  680. 372 Statements
  681. 373 Applications
  682. 374 Disclosure of information
  683. 375 Supplementary
  684. 375A Evidence overseas
  685. 375B Evidence overseas: restrictions on use
  686. 375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  687. 376 Evidence overseas
  688. 377 Code of practice of Secretary of State etc.
  689. 377ZA Code of practice (Northern Ireland)
  690. 377ZB Disapplication of PACE codes
  691. 377A Code of practice of Attorney General or Advocate General for Northern Ireland
  692. 378 Officers
  693. 379 Miscellaneous
  694. 380 Production orders
  695. 381 Requirements for making of production order
  696. 382 Order to grant entry
  697. 383 Further provisions
  698. 384 Computer information
  699. 385 Government departments
  700. 386 Supplementary
  701. 387 Search warrants
  702. 388 Requirements where production order not available
  703. 389 Further provisions: general
  704. 390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds , money laundering and cryptoasset
  705. 391 Disclosure orders
  706. 392 Requirements for making of disclosure order
  707. 393 Offences
  708. 394 Statements
  709. 395 Further provisions
  710. 396 Supplementary
  711. 396A Unexplained wealth orders
  712. 396B Requirements for making of unexplained wealth order
  713. 396C Effect of order: cases of non-compliance
  714. 396D Effect of order: cases of compliance or purported compliance
  715. 396DA Extension of period for making determination where interim freezing order has been made
  716. 396DB Extension of period pending determination of proceedings etc
  717. 396E Offence
  718. 396F Statements
  719. 396G Disclosure of information, copying of documents, etc
  720. 396H Holding of property: trusts and company arrangements etc
  721. 396I Supplementary
  722. 396J Application for interim freezing order
  723. 396K Variation and recall of interim freezing order
  724. 396L Exclusions
  725. 396M Restrictions on proceedings and remedies
  726. 396N Arrestment of property affected by interim freezing order
  727. 396O Inhibition of property affected by interim freezing order
  728. 396P Receivers in connection with interim freezing orders
  729. 396Q Powers of receivers appointed under section 396P
  730. 396R Supervision of section 396P receiver and variations
  731. 396S Compensation
  732. 396T Enforcement abroad: Scottish Ministers
  733. 396U Enforcement abroad: receiver
  734. 396V Expenses orders
  735. 397 Customer information orders
  736. 398 Meaning of customer information
  737. 399 Requirements for making of customer information order
  738. 400 Offences
  739. 401 Statements
  740. 402 Further provisions
  741. 403 Supplementary
  742. 404 Account monitoring orders
  743. 405 Requirements for making of account monitoring order
  744. 406 Statements
  745. 407 Further provisions
  746. 408 Supplementary
  747. 408A Evidence overseas
  748. 408B Evidence overseas: restrictions on use
  749. 408C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  750. 409 Jurisdiction of sheriff
  751. 410 Code of practice
  752. 411 Performance of functions of Scottish Ministers by constables in Scotland
  753. 412 Interpretation
  754. 412A Power to vary monetary amounts
  755. 413 Criminal conduct
  756. 414 Property
  757. 415 Money laundering offences
  758. 416 Other interpretative provisions
  759. 417 Modifications of the 1986 Act
  760. 418 Restriction of powers
  761. 419 Tainted gifts
  762. 420 Modifications of the 2016 Act
  763. 421 Restriction of powers
  764. 422 Tainted gifts
  765. 423 Modifications of the 1989 Order
  766. 424 Restriction of powers
  767. 425 Tainted gifts
  768. 426 Winding up under the 1986 Act
  769. 427 Tainted gifts
  770. 428 Winding up under the 1989 Order
  771. 429 Tainted gifts
  772. 430 Floating charges
  773. 431 Limited liability partnerships
  774. 432 Insolvency practitioners
  775. 433 Meaning of insolvency practitioner
  776. 434 Interpretation
  777. 435 Use of information by certain authorities
  778. 436 Disclosure of information to certain authorities
  779. 437 Further disclosure
  780. 438 Disclosure of information by certain authorities
  781. 439 Disclosure of information to Lord Advocate and to Scottish Ministers
  782. 440 Further disclosure
  783. 441 Disclosure of information by Lord Advocate and by Scottish Ministers
  784. 442 Restriction on disclosure for overseas purposes
  785. 442A Data protection legislation
  786. 443 Enforcement in different parts of the United Kingdom
  787. 444 External requests and orders
  788. 445 External investigations
  789. 445A Sharing of beneficial ownership information
  790. 446 Rules of court
  791. 447 Interpretation
  792. 448 Tax
  793. 449 NCA officers: pseudonyms
  794. 449A Staff of relevant Directors: pseudonyms
  795. 450 Pseudonyms: Scotland
  796. 451 Revenue and Customs prosecutions
  797. 452 Crown servants
  798. 453 References to financial investigators
  799. 453A Certain offences in relation to financial investigators
  800. 453B Certain offences in relation to SFO officers
  801. 453C Obstruction offence in relation to immigration officers
  802. 454 Customs officers
  803. 454A Serious Fraud Office
  804. 455 Enactment
  805. 456 Amendments
  806. 457 Repeals and revocations
  807. 458 Commencement
  808. 459 Orders and regulations
  809. 460 Finance
  810. 461 Extent
  811. 462 Short title
  812. SCHEDULE 1 Assets Recovery Agency
  813. SCHEDULE 2 Lifestyle offences: England and Wales
  814. SCHEDULE 3 Administrators: further provision
  815. SCHEDULE 4 Lifestyle offences: Scotland
  816. SCHEDULE 5 Lifestyle offences: Northern Ireland
  817. SCHEDULE 6 Powers of interim receiver or administrator
  818. SCHEDULE 7 Powers of trustee for civil recovery
  819. SCHEDULE 7A Connection with relevant part of United Kingdom
  820. SCHEDULE 8 Forms of declarations
  821. SCHEDULE 9 Regulated sector and supervisory authorities
  822. SCHEDULE 10 Tax
  823. SCHEDULE 11 Amendments
  824. SCHEDULE 12 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

824 provisions

234 Applications

(1) An application under section 169, 170, 177 or 178 is concluded— (a) in a case where the court decides not to make a confiscation order against the defendant, when it makes the decision; (b) in a case where a confiscation order is made against him as a result of the application, when the order is satisfied or discharged, or when the order is quashed and there is no further possibility of an appeal against the decision to quash the order; (c) in a case where the application is withdrawn, when the person who made the application notifies the withdrawal to the court to which the application was made. (2) An application under section 171 or 172 is concluded— (a) in a case where the court decides not to vary the confiscation order concerned, when it makes the decision; (b) in a case where the court varies the confiscation order as a result of the application, when the order is satisfied or discharged, or when the order is quashed and there is no further possibility of an appeal against the decision to quash the order; (c) in a case where the application is withdrawn, when the person who made the application notifies the withdrawal to the court to which the application was made.

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235 Confiscation orders

(1) A confiscation order is satisfied when no amount is due under it. (1A) The “amount payable” under a confiscation order, where part of that amount has been paid, means the amount that remains to be paid. (2) A confiscation order is subject to appeal until there is no further possibility of an appeal on which the order could be varied or quashed....

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235A No further possibility of appeal

(1) The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of— (a) an appeal against a decision of a court, or (b) an appeal on which an order of a court could be varied or quashed. (2) Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

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236 Other interpretative provisions

(1) A reference to the offence (or offences) concerned must be construed in accordance with section 156(9). (2) A criminal investigation is an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. (3) A defendant is a person against whom proceedings for an offence have been started (whether or not he has been convicted). (4) A reference to sentencing the defendant for an offence includes a reference to dealing with him otherwise in respect of the offence. (5) The following paragraphs apply to references to orders— (a) a confiscation order is an order under section 156; (b) a restraint order is an order under section 190. (6) Sections 223 to 235 and this section apply for the purposes of this Part.

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237 Procedure on appeal to the Court of Appeal

(1) An appeal to the Court of Appeal under this Part lies only with the leave of that Court. (2) In relation to appeals to the Court of Appeal under this Part, the Department of Justice in Northern Ireland may make an order containing provision corresponding to any provision in the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (subject to any specified modifications).

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238 Procedure on appeal to the

(1) In relation to appeals to the Supreme Court under this Part, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal (Northern Ireland) Act 1980 (subject to any specified modifications). (2) The power under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

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239 Crown Court Rules

In relation to— (a) proceedings under this Part, or (b) receivers appointed under this Part, Crown Court Rules may make provision corresponding to provision in rules of court (within the meaning of section 120(1) of the Judicature (Northern Ireland) Act 1978 (c. 23)).

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240 General purpose of this Part

(1) This Part has effect for the purposes of— (a) enabling the enforcement authority to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property obtained through unlawful conduct, (b) enabling property which is, or represents, property obtained through unlawful conduct, or which is intended to be used in unlawful conduct, to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff and, in certain circumstances, to be forfeited by the giving of a notice. (2) The powers conferred by this Part are exercisable in relation to any property (including cash) whether or not any proceedings have been brought for an offence in connection with the property.

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241 “Unlawful conduct”

(1) Conduct occurring in any part of the United Kingdom is unlawful conduct if it is unlawful under the criminal law of that part. (2) Conduct which— (a) occurs in a country or territory outside the United Kingdom and is unlawful under the criminal law applying in that country or territory, and (b) if it occurred in a part of the United Kingdom, would be unlawful under the criminal law of that part, is also unlawful conduct. (2A) Conduct which— (a) occurs in a country or territory outside the United Kingdom, (b) constitutes, or is connected with, the commission of a gross human rights abuse or violation (see section 241A), and (c) if it occurred in a part of the United Kingdom, would be an offence triable under the criminal law of that part on indictment only or either on indictment or summarily, is also unlawful conduct. (3) The court or sheriff must decide on a balance of probabilities whether it is proved— (a) that any matters alleged to constitute unlawful conduct have occurred, or (b) that any person intended to use any cash property in unlawful conduct.

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241A “Gross human rights abuse or violation”

(1) Conduct constitutes the commission of a gross human rights abuse or violation if each of the following three conditions is met. (2) The first condition is that— (a) the conduct constitutes the torture of a person who has sought— (i) to expose illegal activity carried out by a public official or a person acting in an official capacity, or (ii) to obtain, exercise, defend or promote human rights and fundamental freedoms, or (b) the conduct otherwise involves the cruel, inhuman or degrading treatment or punishment of such a person. (3) The second condition is that the conduct is carried out in consequence of that person having sought to do anything falling within subsection (2)(a)(i) or (ii). (4) The third condition is that the conduct is carried out— (a) by a public official, or a person acting in an official capacity, in the performance or purported performance of his or her official duties, or (b) by a person not falling within paragraph (a) at the instigation or with the consent or acquiescence— (i) of a public official, or (ii) of a person acting in an official capacity, who in instigating the conduct, or in consenting to or acquiescing in it, is acting in the performance or purported performance of his or her official duties. (5) Conduct is connected with the commission of a gross human rights abuse or violation if it is conduct by a person that involves— (a) acting as an agent for another in connection with activities relating to conduct constituting the commission of a gross human rights abuse or violation, (b) directing, or sponsoring, such activities, (c) profiting from such activities, or (d) materially assisting such activities. (6) Conduct that involves the intentional infliction of severe pain or suffering on another person is conduct that constitutes torture for the purposes of subsection (2)(a). (7) It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or omission. (8) The cases in which a person materially assists activities for the purposes of subsection (5)(d) include those where the person— (a) provides goods or services in support of the carrying out of the activities, or (b) otherwise provides any financial or technological support in connection with their carrying out.

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242 “Property obtained through unlawful conduct”

(1) A person obtains property through unlawful conduct (whether his own conduct or another’s) if he obtains property by or in return for the conduct. (2) In deciding whether any property was obtained through unlawful conduct— (a) it is immaterial whether or not any money, goods or services were provided in order to put the person in question in a position to carry out the conduct, (b) it is not necessary to show that the conduct was of a particular kind if it is shown that the property was obtained through conduct of one of a number of kinds, each of which would have been unlawful conduct.

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243 Proceedings for recovery orders in England and Wales or Northern Ireland

(1) Proceedings for a recovery order may be taken by the enforcement authority in the High Court against any person who the authority thinks holds recoverable property. (2) The enforcement authority must serve the claim form— (a) on the respondent, and (b) unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order, wherever domiciled, resident or present. (3) If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the claim form it must be described in the form in general terms; and the form must state whether it is alleged to be recoverable property or associated property. (4) The references above to the claim form include the particulars of claim, where they are served subsequently. (5) Nothing in sections 245A to 255 limits any power of the court apart from those sections to grant interim relief in connection with proceedings (including prospective proceedings) under this Chapter.

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244 Proceedings for recovery orders in Scotland

(1) Proceedings for a recovery order may be taken by the enforcement authority in the Court of Session against any person who the authority thinks holds recoverable property. (2) The enforcement authority must serve the application— (a) on the respondent, and (b) unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order, wherever domiciled, resident or present. (3) If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the application it must be described in the application in general terms; and the application must state whether it is alleged to be recoverable property or associated property.

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245 “Associated property”

(1) “Associated property” means property of any of the following descriptions (including property held by the respondent) which is not itself the recoverable property— (a) any interest in the recoverable property, (b) any other interest in the property in which the recoverable property subsists, (c) if the recoverable property is a tenancy in common, the tenancy of the other tenant, (d) if (in Scotland) the recoverable property is owned in common, the interest of the other owner, (e) if the recoverable property is part of a larger property, but not a separate part, the remainder of that property. (2) References to property being associated with recoverable property are to be read accordingly. (3) No property is to be treated as associated with recoverable property consisting of rights under a pension scheme (within the meaning of sections 273 to 275).

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245ZA Notice to local authority: Scotland

(1) This section applies if, in proceedings under this Chapter for a recovery order, the enforcement authority applies under section 266(8ZA) for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse. (2) The enforcement authority must give notice of the application to the local authority in whose area the dwellinghouse is situated. (3) Notice under subsection (2) must be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003. (4) In this section— “dwellinghouse” has the meaning given by section 11(8) of the Homelessness etc. (Scotland) Act 2003; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to a local authority, means the local government area for which the authority is constituted.

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245A Application for property freezing order

(1) Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for a property freezing order (whether before or after starting the proceedings). (2) A property freezing order is an order that— (a) specifies or describes the property to which it applies, and (b) subject to any exclusions (see section 245C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property. (3) An application for a property freezing order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) The court may make a property freezing order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met. (5) The first condition is that there is a good arguable case— (a) that the property to which the application for the order relates is or includes recoverable property, and (b) that, if any of it is not recoverable property, it is associated property. (6) The second condition is that, if— (a) the property to which the application for the order relates includes property alleged to be associated property, and (b) the enforcement authority has not established the identity of the person who holds it, the authority has taken all reasonable steps to do so.

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245B Variation and setting aside of order

(1) The court may at any time vary or set aside a property freezing order. (2) If the court makes an interim receiving order that applies to all of the property to which a property freezing order applies, it must set aside the property freezing order. (3) If the court makes an interim receiving order that applies to some but not all of the property to which a property freezing order applies, it must vary the property freezing order so as to exclude any property to which the interim receiving order applies. (4) If the court decides that any property to which a property freezing order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property. (5) Before exercising power under this Chapter to vary or set aside a property freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision. (6) Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).

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245C Exclusions

(1) The power to vary a property freezing order includes (in particular) power to make exclusions as follows— (a) power to exclude property from the order, and (b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies. (2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made. (3) An exclusion may, in particular, make provision for the purpose of enabling any person— (a) to meet his reasonable living expenses, or (b) to carry on any trade, business, profession or occupation. (4) An exclusion may be made subject to conditions. (5) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion— (a) is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and (c) is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (4). (6) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part— (a) must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and (b) must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by the Department of Justice. (7) If excluded property is not specified in the order it must be described in the order in general terms. (8) The power to make exclusions must, subject to subsection (6), be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced. (9) Subsection (8) does not apply where the court is acting as required by section 245B(3) or (4).

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245D Restriction on proceedings and remedies

(1) While a property freezing order has effect— (a) the court may stay any action, execution or other legal process in respect of the property to which the order applies, and (b) no distress may be levied, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against the property to which the order applies except with the leave of the court and subject to any terms the court may impose. (2) If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that a property freezing order has been applied for or made in respect of the property, it may either stay the proceedings or allow them to continue on any terms it thinks fit. (3) If a property freezing order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise the 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, except with the leave of the court and subject to any terms the court may impose. (4) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.

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245E Receivers in connection with property freezing orders

(1) Subsection (2) applies if— (a) the High Court makes a property freezing order on an application by an enforcement authority, and (b) the authority applies to the court to proceed under subsection (2) (whether as part of the application for the property freezing order or at any time afterwards). (2) The High Court may by order appoint a receiver in respect of any property to which the property freezing order applies. (3) An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a receiver. (5) Such a person may be a member of staff of the enforcement authority. (6) The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section. (7) Subsection (6) does not apply in relation to the remuneration of the receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).

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245F Powers of receivers appointed under section 245E

(1) If the High Court appoints a receiver under section 245E on an application by an enforcement authority, the court may act under this section on the application of the authority. (2) The court may by order authorise or require the receiver— (a) to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed, (b) to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it). (3) The court may by order require any person in respect of whose property the receiver is appointed— (a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if, in either case, he is able to do so), (b) to do anything he is reasonably required to do by the receiver for the preservation of the property. (4) The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver. (5) In subsection (4) “document” means anything in which information of any description is recorded. (6) Any prohibition on dealing with property imposed by a property freezing order does not prevent a person from complying with any requirements imposed by virtue of this section. (7) If— (a) the receiver deals with any property which is not property in respect of which he is appointed under section 245E, and (b) at the time he deals with the property he believes on reasonable grounds that he is entitled to do so by virtue of his appointment, the receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.

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245G Supervision of section 245E receiver and variations

(1) Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 245E— (a) the receiver, (b) any party to the proceedings for the appointment of the receiver or the property freezing order concerned, (c) any person affected by any action taken by the receiver, (d) any person who may be affected by any action proposed to be taken by the receiver. (2) Before giving any directions under subsection (1), the court must give an opportunity to be heard to— (a) the receiver, (b) the parties to the proceedings for the appointment of the receiver and for the property freezing order concerned, (c) any person who may be interested in the application under subsection (1). (3) The court may at any time vary or set aside the appointment of a receiver under section 245E, any order under section 245F or any directions under this section. (4) Before exercising any power under subsection (3), the court must give an opportunity to be heard to— (a) the receiver, (b) the parties to the proceedings for the appointment of the receiver, for the order under section 245F or, as the case may be, for the directions under this section; (c) the parties to the proceedings for the property freezing order concerned, (d) any person who may be affected by the court's decision.

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246 Application for interim receiving order

(1) Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for an interim receiving order (whether before or after starting the proceedings). (2) An interim receiving order is an order for— (a) the detention, custody or preservation of property, and (b) the appointment of an interim receiver. (3) An application for an interim receiving order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) The court may make an interim receiving order on the application if it is satisfied that the conditions in subsections (5) and, where applicable, (6) are met. (5) The first condition is that there is a good arguable case— (a) that the property to which the application for the order relates is or includes recoverable property, and (b) that, if any of it is not recoverable property, it is associated property. (6) The second condition is that, if— (a) the property to which the application for the order relates includes property alleged to be associated property, and (b) the enforcement authority has not established the identity of the person who holds it, the authority has taken all reasonable steps to do so. (7) In its application for an interim receiving order, the enforcement authority must nominate a suitably qualified person for appointment as interim receiver, but the nominee may not be a member of the staff of the enforcement authority . (8) The extent of the power to make an interim receiving order is not limited by sections 247 to 255.

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247 Functions of interim receiver

(1) An interim receiving order may authorise or require the interim receiver— (a) to exercise any of the powers mentioned in Schedule 6, (b) to take any other steps the court thinks appropriate, for the purpose of securing the detention, custody or preservation of the property to which the order applies or of taking any steps under subsection (2). (2) An interim receiving order must require the interim receiver to take any steps which the court thinks necessary to establish— (a) whether or not the property to which the order applies is recoverable property or associated property, (b) whether or not any other property is recoverable property (in relation to the same unlawful conduct) and, if it is, who holds it. (3) If— (a) the interim receiver deals with any property which is not property to which the order applies, and (b) at the time he deals with the property he believes on reasonable grounds that he is entitled to do so in pursuance of the order, the interim receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.

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248 Registration

(1) The registration Acts— (a) apply in relation to property freezing orders, and in relation to interim receiving orders, as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgements or recognisances, (b) apply in relation to applications for property freezing orders, and in relation to applications for interim receiving orders, as they apply in relation to other pending land actions. (2) The registration Acts are— (a) the Land Registration Act 1925 (c. 21), (b) the Land Charges Act 1972 (c. 61), and (c) the Land Registration Act 2002 (c. 9). (3) But no notice may be entered in the register of title under the Land Registration Act 2002 in respect of a property freezing order oran interim receiving order. (4) A person applying for an interim receiving order must be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which— (a) the application relates, or (b) an interim receiving order made in pursuance of the application relates.

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249 Registration (Northern Ireland)

(1) A person applying fora property freezing order or an interim receiving order must be treated for the purposes of section 66 of the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) (cautions) as a person interested in relation to any registered land to which— (a) the application relates, or (b) a property freezing order, or an interim receiving order, made in pursuance of the application relates. (1A) Upon being served with a copy of a property freezing order, the Registrar must, in respect of any registered land to which a property freezing order or an application for a property freezing order relates, make an entry inhibiting any dealing with the land without the consent of the High Court. (2) Upon being served with a copy of an interim receiving order, the Registrar must, in respect of any registered land to which an interim receiving order or an application for an interim receiving order relates, make an entry inhibiting any dealing with the land without the consent of the High Court. (3) Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) apply to an entry made under subsection(1A) or (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section. (4) Where a property freezing order or an interim receiving order has been protected by an entry registered under the Land Registration Act (Northern Ireland) 1970 or the Registration of Deeds Acts, an order setting aside theproperty freezing order or interim receiving order may require that entry to be vacated. (5) In this section— “Registrar” and “entry” have the same meanings as in the Land Registration Act (Northern Ireland) 1970, and “Registration of Deeds Acts” has the meaning given by section 46(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

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250 Duties of respondent etc.

(1) An interim receiving order may require any person to whose property the order applies— (a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the interim receiver or place it in the custody of the interim receiver (if, in either case, he is able to do so), (b) to do anything he is reasonably required to do by the interim receiver for the preservation of the property. (2) An interim receiving order may require any person to whose property the order applies to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the interim receiver or to place them in the custody of the interim receiver. “Document” means anything in which information of any description is recorded.

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251 Supervision of interim receiver and variation of order

(1) The interim receiver, any party to the proceedings and any person affected by any action taken by the interim receiver, or who may be affected by any action proposed to be taken by him, may at any time apply to the court for directions as to the exercise of the interim receiver’s functions. (2) Before giving any directions under subsection (1), the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to the interim receiver and to any person who may be interested in the application. (3) The court may at any time vary or set aside an interim receiving order. (4) Before exercising any power under this Chapter to vary or set aside an interim receiving order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to the interim receiver and to any person who may be affected by the court’s decision.

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252 Restrictions on dealing etc. with property

(1) An interim receiving order must, subject to any exclusions made in accordance with this section, prohibit any person to whose property the order applies from dealing with the property. (2) Exclusions may be made when the interim receiving order is made or on an application to vary the order. (3) An exclusion may, in particular, make provision for the purpose of enabling any person— (a) to meet his reasonable living expenses, or (b) to carry on any trade, business, profession or occupation, and may be made subject to conditions. (4) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion— (a) is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and (c) is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (3). (4A) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part— (a) must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and (b) must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by the Department of Justice. (5) If the excluded property is not specified in the order it must be described in the order in general terms. (6) The power to make exclusions must , subject to subsection (4A), be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.

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253 Restriction on proceedings and remedies

(1) While an interim receiving order has effect— (a) the court may stay any action, execution or other legal process in respect of the property to which the order applies, (b) no distress may be levied , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against the property to which the order applies except with the leave of the court and subject to any terms the court may impose. (2) If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that an interim receiving order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit. (3) If the interim receiving order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise any 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, except with the leave of the court and subject to any terms the court may impose. (4) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings in question an opportunity to be heard) give such an opportunity to the interim receiver (if appointed) and any person who may be affected by the court’s decision.

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254 Exclusion of property which is not recoverable etc.

(1) If the court decides that any property to which an interim receiving order applies is neither recoverable property nor associated property, it must vary the order so as to exclude it. (2) The court may vary an interim receiving order so as to exclude from the property to which the order applies any property which is alleged to be associated property if the court thinks that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct will not be prejudiced. (3) The court may exclude any property within subsection (2) on any terms or conditions, applying while the interim receiving order has effect, which the court thinks necessary or expedient.

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255 Reporting

(1) An interim receiving order must require the interim receiver to inform the enforcement authority and the court as soon as reasonably practicable if he thinks that— (a) any property to which the order applies by virtue of a claim that it is recoverable property is not recoverable property, (b) any property to which the order applies by virtue of a claim that it is associated property is not associated property, (c) any property to which the order does not apply is recoverable property (in relation to the same unlawful conduct) or associated property, or (d) any property to which the order applies is held by a person who is different from the person it is claimed holds it, or if he thinks that there has been any other material change of circumstances. (2) An interim receiving order must require the interim receiver— (a) to report his findings to the court, (b) to serve copies of his report on the enforcement authority and on any person who holds any property to which the order applies or who may otherwise be affected by the report.

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255A Application for prohibitory property order

(1) Where the enforcement authority may take proceedings for a recovery order in the Court of Session, the authority may apply to the court for a prohibitory property order (whether before or after starting the proceedings). (2) A prohibitory property order is an order that— (a) specifies or describes the property to which it applies, and (b) subject to any exclusions (see section 255C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property. (3) An application for a prohibitory property order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) The court may make a prohibitory property order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met. (5) The first condition is that there is a good arguable case— (a) that the property to which the application for the order relates is or includes recoverable property, and (b) that, if any of it is not recoverable property, it is associated property. (6) The second condition is that, if— (a) the property to which the application for the order relates includes property alleged to be associated property, and (b) the enforcement authority has not established the identity of the person who holds it, the authority has taken all reasonable steps to do so.

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255B Variation and recall of prohibitory property order

(1) The court may at any time vary or recall a prohibitory property order. (2) If the court makes an interim administration order that applies to all of the property to which a prohibitory property order applies, it must recall the prohibitory property order. (3) If the court makes an interim administration order that applies to some but not all of the property to which a prohibitory property order applies, it must vary the prohibitory property order so as to exclude any property to which the interim administration order applies. (4) If the court decides that any property to which a prohibitory property order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property. (5) Before exercising power under this Chapter to vary or recall a prohibitory property order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision. (6) Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).

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255C Exclusions

(1) The power to vary a prohibitory property order includes (in particular) power to make exclusions as follows— (a) power to exclude property from the order, and (b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies. (2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made. (3) An exclusion may, in particular, make provision for the purpose of enabling any person— (a) to meet his reasonable living expenses, or (b) to carry on any trade, business, profession or occupation. (4) An exclusion may be made subject to conditions. (5) An exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part. (6) If excluded property is not specified in the order it must be described in the order in general terms. (7) The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced. (8) Subsection (7) does not apply where the court is acting as required by section 255B(3) or (4).

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255D Restriction on proceedings and remedies

(1) While a prohibitory property order has effect the court may sist any action, execution or other legal process in respect of the property to which the order applies. (2) If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that a prohibitory property order has been applied for or made in respect of the property, it may either sist the proceedings or allow them to continue on any terms it thinks fit. (3) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.

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255E Arrestment of property affected by prohibitory property order

(1) On the application of the enforcement authority the Court of Session may, in relation to moveable recoverable property to which a prohibitory property order applies (whether generally or to such of it as is specified in the application), grant warrant for arrestment. (2) An application under subsection (1) may be made at the same time as the application for the prohibitory property order or at any time thereafter. (3) Such a warrant for arrestment may be granted only if the property would be arrestable if the person entitled to it were a debtor. (4) A warrant under subsection (1) has effect as if granted on the dependence of an action for debt at the instance of the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly. (5) An arrestment executed under this section ceases to have effect when, or in so far as, the prohibitory property order ceases to apply in respect of the property in relation to which the warrant for arrestment was granted. (6) If an arrestment ceases to have effect to any extent by virtue of subsection (5) the enforcement authority must apply to the Court of Session for an order recalling or, as the case may be, restricting the arrestment.

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255F Inhibition of property affected by prohibitory property order

(1) On the application of the enforcement authority, the Court of Session may, in relation to the property mentioned in subsection (2), grant warrant for inhibition against any person specified in a prohibitory property order. (2) That property is heritable property situated in Scotland to which the prohibitory property order applies (whether generally or to such of it as is specified in the application). (3) The warrant for inhibition— (a) has effect as if granted on the dependence of an action for debt by the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly, and (b) has the effect of letters of inhibition and must forthwith be registered by the enforcement authority in the register of inhibitions and adjudications. (4) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under subsection (1) as it applies to an inhibition by separate letters or contained in a summons. (5) An inhibition executed under this section ceases to have effect when, or in so far as, the prohibitory property order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted. (6) If an inhibition ceases to have effect to any extent by virtue of subsection (5) the enforcement authority must— (a) apply for the recall or, as the case may be, the restriction of the inhibition, and (b) ensure that the recall or restriction is reflected in the register of inhibitions and adjudications.

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255G Receivers in connection with prohibitory property orders

(1) Subsection (2) applies if— (a) the Court of Session makes a prohibitory property order on an application by an enforcement authority, and (b) the authority applies to the court to proceed under subsection (2) (whether as part of the application for the prohibitory property order or at any time afterwards). (2) The Court of Session may by order appoint a person (a “PPO receiver”) in respect of any property to which the prohibitory property order applies. (3) An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a PPO receiver. (5) Such a person may be a member of staff of the enforcement authority. (6) The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a PPO receiver appointed under this section. (7) Subsection (6) does not apply in relation to the remuneration of the PPO receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the PPO receiver is a person providing services under arrangements made by the enforcement authority).

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255H Powers of receivers appointed under section 255G

(1) If the Court of Session appoints a PPO receiver under section 255G on an application by an enforcement authority, the court may act under this section on the application of the authority. (2) The court may by order authorise or require the PPO receiver— (a) to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the PPO receiver is appointed, (b) to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it). (3) The court may by order require any person in respect of whose property the PPO receiver is appointed— (a) to bring the property to a place in Scotland specified by the PPO receiver or to place it in the custody of the PPO receiver (if, in either case, he is able to do so), (b) to do anything he is reasonably required to do by the PPO receiver for the preservation of the property. (4) The court may by order require any person in respect of whose property the PPO receiver is appointed to bring any documents relating to the property which are in his possession or control to a place in Scotland specified by the PPO receiver or to place them in the custody of the PPO receiver. (5) In subsection (4) “document” means anything in which information of any description is recorded. (6) Any prohibition on dealing with property imposed by a prohibitory property order does not prevent a person from complying with any requirements imposed by virtue of this section. (7) If— (a) the PPO receiver deals with any property which is not property in respect of which he is appointed under section 255G, and (b) at the time he deals with the property the PPO receiver believes on reasonable grounds that he is entitled to do so by virtue of his appointment, the PPO receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.

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