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Part 5U.K.Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2U.K.Civil recovery in the High Court or Court of Session

Modifications etc. (not altering text)

C1Pt. 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

MiscellaneousU.K.

287 Financial thresholdU.K.

(1)At any time when an order specifying an amount for the purposes of this section has effect, the enforcement authority may not start proceedings for a recovery order unless the authority reasonably believes that the aggregate value of the recoverable property which the authority wishes to be subject to a recovery order is not less than the specified amount.

(2)The power to make an order under subsection (1) is exercisable by the Secretary of State after consultation with the Scottish Ministers [F1or, in relation to Northern Ireland, exercisable by the Department of Justice] .

(3)If the authority applies for [F2a property freezing order, an interim receiving order, a prohibitory property order or an] interim administration order before starting the proceedings, subsection (1) applies to the application instead of to the start of the proceedings.

(4)This section does not affect the continuation of proceedings for a recovery order which have been properly started or the making or continuing effect of [F3a property freezing order, an interim receiving order, a prohibitory property order or an] interim administration order which has been properly applied for.

Textual Amendments

Commencement Information

I1S. 287 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)