Proceeds of Crime Act 2002

[F1282BEnforcement abroad before recovery order: enforcement authorityU.K.
This section has no associated Explanatory Notes

(1)This section applies if—

(a)the property freezing conditions are met in relation to property,

(b)the property is not property to which a recovery order applies, and

(c)an enforcement authority F2... believes that the property is in a country outside the United Kingdom (the receiving country).

(2)The property freezing conditions are—

(a)in England and Wales [F3and Northern Ireland] , the conditions in section 245A(5) and (6), and

(b)in Scotland, the conditions in section 255A(5) and (6),

and, for the purposes of this subsection, the references in those provisions to property to which the application for the order relates are to be read as references to the property mentioned in subsection (1)(a).

(3)The enforcement authority may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

(4)The Secretary of State may forward the request for assistance to the government of the receiving country.

(5)A request for assistance under this section is a request to the government of the receiving country—

(a)to secure that any person is prohibited from dealing with the property;

(b)for assistance in connection with the management of the property, including with securing its detention, custody or preservation.]

Textual Amendments

F1Ss. 282B-282F and cross-heading inserted (retrospectively) by Crime and Courts Act 2013 (c. 22), ss. 48(7), 61(11)(d), Sch. 18 para. 6 (with s. 48(8), Sch. 25); this insertion extended to N.I. (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(a)