Immigration Act 2014
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Change 1
40D Freezing orders
(1) On an application by the Secretary of State under section 40C(2), the court may make a freezing order in respect of any account specified in the application. (2) A freezing order in respect of an account is an order that prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account. (3) A freezing order may be made subject to exceptions. (4) An exception may (in particular)— (a) make provision for the disqualified person to meet his or her reasonable living expenses and reasonable legal expenses; (b) allow another person or body by or for whom the account is operated to make withdrawals or payments from the account. (5) An application for a freezing order may be made without notice. (6) The court may vary or discharge a freezing order made in respect of an account (whether made under this section or on an appeal under section 40E) on an application made by— (a) the Secretary of State, or (b) a person or body by or for whom the account is operated. (7) If the Secretary of State applies for a freezing order in respect of an account and the order is not made, or the order is made but subsequently discharged, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person. (8) A notification made under subsection (7) must contain the information and be in the form and manner prescribed in regulations made under subsection (4) of section 40C for the purposes of subsection (3) of that section. (9) In this section— “the court” means— in England and Wales, a magistrates' court; in Scotland, the sheriff; in Northern Ireland, a court of summary jurisdiction; “the disqualified person” means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the application for the freezing order.
40D Freezing orders
(1) On an application by the Secretary of State under section 40C(2), the court may make a freezing order in respect of any account specified in the application. (2) A freezing order in respect of an account is an order that prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account. (3) A freezing order may be made subject to exceptions. (4) An exception may (in particular)— (a) make provision for the disqualified person to meet his or her reasonable living expenses and reasonable legal expenses; (b) allow another person or body by or for whom the account is operated to make withdrawals or payments from the account. (5) An application for a freezing order may be made without notice. (6) The court may vary or discharge a freezing order made in respect of an account (whether made under this section or on an appeal under section 40E) on an application made by— (a) the Secretary of State, or (b) a person or body by or for whom the account is operated. (7) If the Secretary of State applies for a freezing order in respect of an account and the order is not made, or the order is made but subsequently discharged, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person. (8) A notification made under subsection (7) must contain the information and be in the form and manner prescribed in regulations made under subsection (4) of section 40C for the purposes of subsection (3) of that section. (9) In this section— “the court” means— in England and Wales, a magistrates' court; in Scotland, the sheriff; in Northern Ireland, a court of summary jurisdiction; “the disqualified person” means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the application for the freezing order.
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