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Proceeds of Crime Act 2002

Schedule 6: Powers of interim receiver or administrator

315.Schedule 6 makes explicit mention of some of the more significant powers which the High Court (or in Scotland the Court of Session) may choose to confer on an interim receiver or interim administrator. These include powers to seize the relevant property (paragraph 1), and to obtain information about it and require persons to answer questions, irrespective of any restrictions on the disclosure of information which would otherwise apply (paragraph 2). Self-incrimination is therefore to be no answer to the requirement to answer questions, but evidence so obtained cannot be used in any prosecution of the person who provided it (other than in certain restricted circumstances, for example, a prosecution for perjury). Use of the evidence against that person is, however, permissible in civil recovery proceedings. The interim receiver or administrator may be given specified powers of entry, search and seizure (paragraph 3) and powers to oblige persons to assist him in the exercise of those powers (paragraph 4)). Paragraph 4 also provides that an order made under paragraphs 2 and 3 must make provision in respect of legal professional privilege (in Scotland legal privilege). Under paragraph 5 an interim receiver or interim administrator may also be given powers to manage property which include:

  • selling perishable or depreciating property,

  • where the property in question comprises a trade or business, carrying on that trade or business, and

  • incurring capital expenditure in respect of the property.

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