The Proceeds of Crime Act 2002 (External Investigations) Order 2014
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Change 1
34K Restrictions on proceedings and remedies
(1) While an interim freezing order has effect— (a) the High 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 High 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 freezing order has been applied for or made in respect of the property, it may— (a) stay the proceedings, or (b) allow them to continue on any terms it thinks fit. (3) If an interim freezing order applies to a tenancy of any premises, a right of forfeiture in relation to the premises is exercisable— (a) only with the leave of the High Court, and (b) subject to any terms that the court may impose. (4) The reference in paragraph (3) to a “right of forfeiture” in relation to premises is to the right of a landlord or other person to whom rent is payable to exercise a right of forfeiture by peaceable re-entry to the premises in respect of any failure by the tenant to comply with a term or condition of the tenancy. (5) Before exercising a power conferred by this article, the court must (as well as giving the parties to any proceedings an opportunity to be heard) give an opportunity to any person who may be affected by the court’s decision to be heard.
34K Restrictions on proceedings and remedies
(1) While an interim freezing order has effect— (a) the High 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 High 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 freezing order has been applied for or made in respect of the property, it may— (a) stay the proceedings, or (b) allow them to continue on any terms it thinks fit. (3) If an interim freezing order applies to a tenancy of any premises, a right of forfeiture in relation to the premises is exercisable— (a) only with the leave of the High Court, and (b) subject to any terms that the court may impose. (4) The reference in paragraph (3) to a “right of forfeiture” in relation to premises is to the right of a landlord or other person to whom rent is payable to exercise a right of forfeiture by peaceable re-entry to the premises in respect of any failure by the tenant to comply with a term or condition of the tenancy. (5) Before exercising a power conferred by this article, the court must (as well as giving the parties to any proceedings an opportunity to be heard) give an opportunity to any person who may be affected by the court’s decision to be heard.
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