The Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017

Application for the variation or setting aside of an account freezing order

4.—(1) An application under paragraph 10T(1) of Schedule 1 to vary or set aside an account freezing order under paragraph 10S(2) of Schedule 1 must be made in writing and sent to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made.

(2) But if the applicant has been given notice of an order under paragraph 10S(2) of Schedule 1 in respect of the account, then the application must be sent to the court which sent the applicant that notice.

(3) The court must send a copy of the application to the enforcement officer who applied for the account freezing order and to every person to whom notice of a previous related order made under paragraph 10S(2) or 10T(1) of Schedule 1 has been given.

(4) The court must fix a date for the hearing of the application, which, unless directed otherwise, shall not be earlier than seven days from the date on which it is fixed, and must notify that date to the applicant, the enforcement officer and to every person to whom notice of an order made under paragraph 10S(2) or 10T(1) of Schedule 1 has been given.

(5) At the hearing of an application under paragraph 10T(1) of Schedule 1, the court may, if it thinks fit, order that the applicant be joined as a party to all the proceedings in relation to the account which is the subject of an order under paragraph 10S(2) of Schedule 1.

(6) The court must give a copy of the order to every person to whom notice of the previous related orders has been given.

(7) The court must also give—

(a) notice of the order; and

(b) a copy of the order,

to any person other than one referred to in paragraph (4) who is known to be affected by the order.