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Proceeds of Crime Act 2002

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This is the original version (as it was originally enacted).

Proceedings for recovery orders

243Proceedings for recovery orders in England and Wales or Northern Ireland

(1)Proceedings for a recovery order may be taken by the enforcement authority in the High Court against any person who the authority thinks holds recoverable property.

(2)The enforcement authority must serve the claim form—

(a)on the respondent, and

(b)unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order,

wherever domiciled, resident or present.

(3)If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the claim form it must be described in the form in general terms; and the form must state whether it is alleged to be recoverable property or associated property.

(4)The references above to the claim form include the particulars of claim, where they are served subsequently.

244Proceedings for recovery orders in Scotland

(1)Proceedings for a recovery order may be taken by the enforcement authority in the Court of Session against any person who the authority thinks holds recoverable property.

(2)The enforcement authority must serve the application—

(a)on the respondent, and

(b)unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order,

wherever domiciled, resident or present.

(3)If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the application it must be described in the application in general terms; and the application must state whether it is alleged to be recoverable property or associated property.

245“Associated property”

(1)“Associated property” means property of any of the following descriptions (including property held by the respondent) which is not itself the recoverable property—

(a)any interest in the recoverable property,

(b)any other interest in the property in which the recoverable property subsists,

(c)if the recoverable property is a tenancy in common, the tenancy of the other tenant,

(d)if (in Scotland) the recoverable property is owned in common, the interest of the other owner,

(e)if the recoverable property is part of a larger property, but not a separate part, the remainder of that property.

(2)References to property being associated with recoverable property are to be read accordingly.

(3)No property is to be treated as associated with recoverable property consisting of rights under a pension scheme (within the meaning of sections 273 to 275).

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