Part 5Civil recovery of the proceeds etc. of unlawful conduct

C1Chapter 2Civil recovery in the High Court or Court of Session

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

F1Scope of powers

Annotations:
Amendments (Textual)
F1

S. 282A and cross-heading inserted (retrospectively) by Crime and Courts Act 2013 (c. 22), ss. 48(2)(7), 61(11)(c) (with s. 48(8), Sch. 25); this insertion extended to N.I. (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(a)

282AC2Scope of powers

1

An order under this Chapter may be made by the High Court in England and Wales or the Court of Session—

a

in respect of property wherever situated, and

b

in respect of a person wherever domiciled, resident or present,

subject to subsection (2).

2

Such an order may not be made by the High Court in England and Wales or the Court of Session in respect of—

a

property that is outside the United Kingdom, or

b

property that is in the United Kingdom but outside the relevant part of the United Kingdom,

unless there is or has been a connection between the case and the relevant part of the United Kingdom.

3

The circumstances in which there is or has been such a connection include those described in Schedule 7A.

4

The relevant part of the United Kingdom” means—

a

in relation to an order made by the High Court in England and Wales, England and Wales, and

b

in relation to an order made by the Court of Session, Scotland.