Proceeds of Crime Act 2002 Explanatory Notes

Restrictions

Section 58: Restraint orders

112.Section 58 prevents certain actions from being taken against property subject to a restraint order without the leave of the Crown Court. It also gives any court dealing with property proceedings the power to stay them, or allow them to continue, if it learns that a restraint order has been applied for or made. The earlier confiscation legislation is silent on this issue, but the High Court has in practice stayed other property proceedings occasionally where a restraint order has been made.

Sections 59 & 60: Enforcement receivers; Director’s receivers

113.Sections 59 and 60 make similar provision to section 58 for property in respect of which an enforcement or Director’s receiver has been appointed after a confiscation order has been made.

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