Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1Chapter 2Civil recovery in the High Court or Court of Session
F1Interim receiving orders: further provisions
S. 250 cross-heading inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 13; S.I. 2005/3136, art. 3(c)
I1252 Restrictions on dealing etc. with property
1
An interim receiving order must, subject to any exclusions made in accordance with this section, prohibit any person to whose property the order applies from dealing with the property.
2
Exclusions may be made when the interim receiving order is made or on an application to vary the order.
3
An exclusion may, in particular, make provision for the purpose of enabling any person—
a
to meet his reasonable living expenses, or
b
to carry on any trade, business, profession or occupation,
and may be made subject to conditions.
F24
Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion—
a
is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs,
b
specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and
c
is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (3).
4A
The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part—
a
must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and
b
must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be F4made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by the Northern Ireland Legal Services Commission.
5
If the excluded property is not specified in the order it must be described in the order in general terms.
6
The power to make exclusions must F3, subject to subsection (4A), be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.
Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7