The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024
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Change 1
22 Unexplained wealth orders: costs orders (England, Wales and Northern Ireland)
After article 34P (compensation), insert— Costs orders 34Q (1) This article applies in the following cases— (a) an enforcement authority has made an application for an unexplained wealth order under article 34A (unexplained wealth orders); (b) an application has been made to discharge or vary an unexplained wealth order; (c) an enforcement authority has made an application for an interim freezing order under article 34H (unexplained wealth orders: application for interim freezing order); (d) an application has been made to discharge or vary an interim freezing order; (e) an application has been made in the circumstances referred to in article 34K (restrictions on proceedings and remedies) to— (i) stay an action, execution or other legal process, (ii) grant leave to levy distress or use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), (iii) stay proceedings in respect of property or allow them to continue, or (iv) grant leave to exercise a right of forfeiture in relation to a tenancy; (f) an enforcement authority has made an application for an order for the appointment of a receiver under article 34L (receivers in connection with interim freezing orders); (g) an enforcement authority has made an application for an order under article 34M (powers of receiver); (h) an application has been made for directions to a receiver under article 34N (supervision of article 34L receiver and variations); (i) an application has been made to discharge or vary— (i) the appointment of a receiver under article 34L, (ii) an order under article 34M, or (iii) directions under article 34N; (j) an application has been made for compensation under article 34P (compensation); (k) the High Court has of its own motion exercised a power to do anything an application mentioned in sub-paragraphs (a) to (j) may be made for; (l) an application has been made for permission to appeal in relation to anything mentioned in sub-paragraphs (a) to (k). (2) The court may not make an order that any costs of proceedings relating to a case to which this article applies (including appeal proceedings) are payable by an enforcement authority to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless— (a) the authority acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or (b) the authority acted dishonestly or improperly in the course of the proceedings. .
22 Unexplained wealth orders: costs orders (England, Wales and Northern Ireland)
After article 34P (compensation), insert— Costs orders 34Q (1) This article applies in the following cases— (a) an enforcement authority has made an application for an unexplained wealth order under article 34A (unexplained wealth orders); (b) an application has been made to discharge or vary an unexplained wealth order; (c) an enforcement authority has made an application for an interim freezing order under article 34H (unexplained wealth orders: application for interim freezing order); (d) an application has been made to discharge or vary an interim freezing order; (e) an application has been made in the circumstances referred to in article 34K (restrictions on proceedings and remedies) to— (i) stay an action, execution or other legal process, (ii) grant leave to levy distress or use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), (iii) stay proceedings in respect of property or allow them to continue, or (iv) grant leave to exercise a right of forfeiture in relation to a tenancy; (f) an enforcement authority has made an application for an order for the appointment of a receiver under article 34L (receivers in connection with interim freezing orders); (g) an enforcement authority has made an application for an order under article 34M (powers of receiver); (h) an application has been made for directions to a receiver under article 34N (supervision of article 34L receiver and variations); (i) an application has been made to discharge or vary— (i) the appointment of a receiver under article 34L, (ii) an order under article 34M, or (iii) directions under article 34N; (j) an application has been made for compensation under article 34P (compensation); (k) the High Court has of its own motion exercised a power to do anything an application mentioned in sub-paragraphs (a) to (j) may be made for; (l) an application has been made for permission to appeal in relation to anything mentioned in sub-paragraphs (a) to (k). (2) The court may not make an order that any costs of proceedings relating to a case to which this article applies (including appeal proceedings) are payable by an enforcement authority to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless— (a) the authority acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or (b) the authority acted dishonestly or improperly in the course of the proceedings. .
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