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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)The High Court may make a charging order on realisable property for securing the payment to the Crown—
(a)where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; and
(b)where a confiscation order has been made, of an amount not exceeding the amount payable under the confiscation order.
(2)For the purposes of this Act a charging order is an order made under this section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Crown.
(3)A charging order—
(a)may be made only on an application by the prosecutor;
(b)may be made on an ex parte application to a judge in chambers;
(c)shall provide for notice to be given to persons affected by the order; and
(d)may be made subject to such conditions as the court thinks fit including, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective.
(4)Subject to subsection (6) below, a charge may be imposed by a charging order only on—
(a)any interest in realisable property which is an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Act and is an interest—
(i)in any asset of a kind mentioned in subsection (5) below; or
(ii)under any trust; or
(b)any interest in realisable property held by a person as trustee of a trust (“the relevant trust”) if the interest is in such an asset or is an interest under another trust and a charge may by virtue of paragraph (a) above be imposed by a charging order on the whole beneficial interest under the relevant trust.
(5)The assets referred to in subsection (4) above are—
(a)land in England and Wales; or
(b)securities of any of the following kinds—
(ii)stock of any body (other than a building society) incorporated within England and Wales;
(iii)stock of any body incorporated outside England and Wales or of any country or territory outside the United Kingdom, being stock registered in a register kept at any place within England and Wales;
(iv)units of any unit trust in respect of which a register of the unit holders is kept at any place within England and Wales.
(6)In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in subsection (5)(b) above, the court may provide for the charge to extend to any interest or dividend payable in respect of the asset.
(7)In relation to a charging order, the court—
(a)may make an order discharging or varying it; and
(b)shall make an order discharging it—
(i)on the conclusion of the proceedings or of the application in question; or
(ii)on payment into court of the amount payment of which is secured by the charge.
(8)An application for the discharge or variation of a charging order may be made by any person affected by it.
(9)In this section “building society”, “dividend”, “government stock”, “stock” and “unit trust” have the same meaning as in the Charging M1 Orders Act 1979.
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