Proceeds of Crime Act 2002

Receivers: further provisionsE+W

61 ProtectionE+W

If a receiver appointed under section 48[F1or 50]—

(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.

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C2Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I1S. 61 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

62 Further applicationsE+W

(1)This section applies to a receiver appointed under section 48[F2or 50].

(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.

Textual Amendments

F2Words in s. 62(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 29; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I2S. 62 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

63 Discharge and variationE+W

(1)The following persons may apply to the Crown Court to vary or discharge an order made under any of sections 48 [F3to 51 ]—

(a)the receiver;

(b)the person who applied for the order F4...;

(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).

Textual Amendments

Commencement Information

I3S. 63 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

64 Management receivers: dischargeE+W

(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 F5....

(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.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

Commencement Information

I4S. 64 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

65 Appeal to Court of AppealE+W

(1)If on an application for an order under any of sections 48 to 51 F7... 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 F8..., 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 F9...;

(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.

Textual Amendments

Commencement Information

I5S. 65 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

66 Appeal to [F10Supreme Court]E+W

(1)An appeal lies to the [F11Supreme Court] 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 [F12Supreme Court] may—

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

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

Textual Amendments

Commencement Information

I6S. 66 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.