The Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order makes provision for orders relating to restraint and receivership made under the Proceeds of Crime Act 2002 made in one part of the United Kingdom to be enforced in another part. Part I is introductory. Part II deals with the enforcement of Scottish and Northern Ireland orders in England and Wales. Part III deals with the enforcement of English or Welsh orders and Northern Ireland orders in Scotland. Part IV deals with the enforcement of English or Welsh orders and Scottish orders in Northern Ireland.

The same model is used for each jurisdiction. Orders automatically have effect throughout the United Kingdom. However, proceedings for their enforcement may only be brought if the orders are registered in the Crown Court for England and Wales, the Court of Session for Scotland and the High Court for Northern Ireland. The court in which the order is registered then has the same powers to enforce the order as if it had made the order itself. Supplementary provision is made about land registration and admissibility of evidence. For Scotland, supplementary provision is also made about inhibition, arrestment and deeds relating to heritable property.