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Proceeds of Crime Act 2002

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This is the original version (as it was originally enacted).

Exemptions etc.

281Victims of theft, etc.

(1)In proceedings for a recovery order, a person who claims that any property alleged to be recoverable property, or any part of the property, belongs to him may apply for a declaration under this section.

(2)If the applicant appears to the court to meet the following condition, the court may make a declaration to that effect.

(3)The condition is that—

(a)the person was deprived of the property he claims, or of property which it represents, by unlawful conduct,

(b)the property he was deprived of was not recoverable property immediately before he was deprived of it, and

(c)the property he claims belongs to him.

(4)Property to which a declaration under this section applies is not recoverable property.

282Other exemptions

(1)Proceedings for a recovery order may not be taken against any person in circumstances of a prescribed description; and the circumstances may relate to the person himself or to the property or to any other matter.

In this subsection, prescribed means prescribed by an order made by the Secretary of State after consultation with the Scottish Ministers.

(2)Proceedings for a recovery order may not be taken in respect of cash found at any place in the United Kingdom unless the proceedings are also taken in respect of property other than cash which is property of the same person.

(3)Proceedings for a recovery order may not be taken against the Financial Services Authority in respect of any recoverable property held by the authority.

(4)Proceedings for a recovery order may not be taken in respect of any property which is subject to any of the following charges—

(a)a collateral security charge, within the meaning of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979),

(b)a market charge, within the meaning of Part 7 of the Companies Act 1989 (c. 40),

(c)a money market charge, within the meaning of the Financial Markets and Insolvency (Money Market) Regulations 1995 (S.I. 1995/2049),

(d)a system charge, within the meaning of the Financial Markets and Insolvency Regulations 1996 (S.I. 1996/1469) or the Financial Markets and Insolvency Regulations (Northern Ireland) 1996 (S.R. 1996/252).

(5)Proceedings for a recovery order may not be taken against any person in respect of any recoverable property which he holds by reason of his acting, or having acted, as an insolvency practitioner.

Acting as an insolvency practitioner has the same meaning as in section 433.

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