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Proceeds of Crime Act 2002

Section 253: Restriction on proceedings and remedies

322.This section enables the existence of an interim receiving order to have an effect on collateral legal proceedings affecting the property in question. Subsection (1) allows the court which has made the order to stay any other legal process, including court proceedings, in respect of the property to which the order applies; and specifies that no distress may be levied against that property other than with the leave of the court.

323.Subsection (2) allows any court in which proceedings are pending in respect of the property to stay them, or impose terms on their continuation. Under subsection (3), a landlord may not exercise a right of forfeiture by peaceable re-entry on a property to which an order applies, other than with the leave of the court that made the interim receiving order. Before exercising any of these powers, the court must give an opportunity to be heard to the interim receiver (if appointed), the parties to the proceedings and any person who may be affected by the court’s decision (subsection (4)).

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