Search Legislation

Proceeds of Crime Act 2002

Status:

This is the original version (as it was originally enacted).

Receivers: further provisions

61Protection

If a receiver appointed under section 48, 50 or 52—

(a)takes action in relation to property which is not realisable property,

(b)would be entitled to take the action if it were realisable property, and

(c)believes on reasonable grounds that he is entitled to take the action,

he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.

62Further applications

(1)This section applies to a receiver appointed under section 48, 50 or 52.

(2)The receiver may apply to the Crown Court for an order giving directions as to the exercise of his powers.

(3)The following persons may apply to the Crown Court—

(a)any person affected by action taken by the receiver;

(b)any person who may be affected by action the receiver proposes to take.

(4)On an application under this section the court may make such order as it believes is appropriate.

63Discharge and variation

(1)The following persons may apply to the Crown Court to vary or discharge an order made under any of sections 48 to 53—

(a)the receiver;

(b)the person who applied for the order or (if the order was made under section 52 or 53) the Director;

(c)any person affected by the order.

(2)On an application under this section the court—

(a)may discharge the order;

(b)may vary the order.

(3)But in the case of an order under section 48 or 49—

(a)if the condition in section 40 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be);

(b)if the condition which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).

64Management receivers: discharge

(1)This section applies if—

(a)a receiver stands appointed under section 48 in respect of realisable property (the management receiver), and

(b)the court appoints a receiver under section 50 or makes an order for the appointment of a receiver under section 52.

(2)The court must order the management receiver to transfer to the other receiver all property held by the management receiver by virtue of the powers conferred on him by section 49.

(3)But in a case where the court makes an order under section 52 its order under subsection (2) above does not take effect until the order under section 52 takes effect.

(4)Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 49(2)(d).

(5)If the management receiver complies with an order under subsection (2) he is discharged—

(a)from his appointment under section 48;

(b)from any obligation under this Act arising from his appointment.

(6)If this section applies the court may make such a consequential or incidental order as it believes is appropriate.

65Appeal to Court of Appeal

(1)If on an application for an order under any of sections 48 to 51 or section 53 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2)If the court makes an order under any of sections 48 to 51 or section 53, the following persons may appeal to the Court of Appeal in respect of the court’s decision—

(a)the person who applied for the order;

(b)any person affected by the order.

(3)If on an application for an order under section 62 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(4)If the court makes an order under section 62, the following persons may appeal to the Court of Appeal in respect of the court’s decision—

(a)the person who applied for the order;

(b)any person affected by the order;

(c)the receiver.

(5)The following persons may appeal to the Court of Appeal against a decision of the court on an application under section 63—

(a)the person who applied for the order in respect of which the application was made or (if the order was made under section 52 or 53) the Director;

(b)any person affected by the court’s decision;

(c)the receiver.

(6)On an appeal under this section the Court of Appeal may—

(a)confirm the decision, or

(b)make such order as it believes is appropriate.

66Appeal to House of Lords

(1)An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under section 65.

(2)An appeal under this section lies at the instance of any person who was a party to the proceedings before the Court of Appeal.

(3)On an appeal under this section the House of Lords may—

(a)confirm the decision of the Court of Appeal, or

(b)make such order as it believes is appropriate.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources