Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1Chapter 2Civil recovery in the High Court or Court of Session
F2Enforcement outside the United Kingdom
Ss. 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)
282FEnforcement abroad: after recovery order
1
This section applies if—
a
a recovery order F1... has effect in relation to property, and
b
the enforcement authority or the trustee for civil recovery believes that the property is in a country outside the United Kingdom (the receiving country).
2
The enforcement authority or trustee for civil recovery 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.
3
The Secretary of State may forward a request for assistance from the enforcement authority to the government of the receiving country.
4
The Secretary of State must forward a request for assistance from the trustee for civil recovery to the government of the receiving country.
5
A request for assistance is a request to the government of the receiving country for assistance in connection with the management and disposal of the property and includes a request—
a
to secure the detention, custody or preservation of the property;
b
in the case of money, to secure that it is applied in accordance with the law of the receiving country;
c
in the case of property other than money, to secure that the property is realised and the proceeds are applied in accordance with the law of the receiving country.
6
A certificate purporting to be issued by or on behalf of the government of the receiving country is admissible as evidence of the facts it states if it states—
a
that property has been realised in pursuance of a request under this section,
b
the date of realisation, and
c
the proceeds of realisation.
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