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Proceeds of Crime Act 2002

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[F1336CExtension of moratorium period pending determination of proceedings etcU.K.

This section has no associated Explanatory Notes

(1)A moratorium period is extended in accordance with subsection (2) where—

(a)an application is made to the court under section 336A for the extension (or further extension) of the moratorium period, and

(b)the period would (apart from that subsection) end before the court determines the application or it is otherwise disposed of.

(2)The moratorium period is extended from the time when it would otherwise end until the court determines the application or it is otherwise disposed of.

(3)A moratorium period is extended in accordance with subsection (4) where—

(a)proceedings on an appeal in respect of a decision on an application under section 336A have been brought, and

(b)the period would (apart from that subsection) end before the proceedings are finally determined or otherwise disposed of.

(4)The moratorium period is extended from the time when it would otherwise end until the proceedings are finally determined or otherwise disposed of.

(5)But the maximum period by which the moratorium period is extended by virtue of subsection (2) or (4) is 31 days beginning with the day after the day on which the period would otherwise have ended.

(6)A moratorium period is extended in accordance with subsection (7) where—

(a)an application is made to the court under section 336A for an extension of the period,

(b)the court refuses to grant the application, and

(c)the period would (apart from that subsection) end before the end of the 5 day period.

(7)The moratorium period is extended from the time when it would otherwise end until—

(a)the end of the 5 day period, or

(b)if proceedings on an appeal against the decision are brought before the end of the 5 day period, the time when those proceedings are brought.

(8)The “5 day period” is the period of 5 working days beginning with the day on which the court refuses to grant the application.

(9)This restriction on the overall extension of a moratorium period mentioned in section 336A(7) applies to an extension of a moratorium period in accordance with any provision of this section as it applies to an extension under an order of the court.]

Textual Amendments

F1Ss. 336A-336D inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(4), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

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