Valid from 24/02/2003
27A Actions for recovery of property obtained through unlawful conduct etc.E+W
(1)None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (civil recovery of proceeds of unlawful conduct).
(2)Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be brought after the expiration of the period of twelve years from the date on which the Director’s cause of action accrued.
(3)Proceedings under that Chapter are brought when—
(a)a claim form is issued, or
(b)an application is made for an interim receiving order,
whichever is the earlier.
(4)The Director’s cause of action accrues in respect of any recoverable property—
(a)in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained,
(b)in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained.
(5)If—
(a)a person would (but for the preceding provisions of this Act) have a cause of action in respect of the conversion of a chattel, and
(b)proceedings are started under that Chapter for a recovery order in respect of the chattel,
section 3(2) of this Act does not prevent his asserting on an application under section 281 of that Act that the property belongs to him, or the court making a declaration in his favour under that section.
(6)If the court makes such a declaration, his title to the chattel is to be treated as not having been extinguished by section 3(2) of this Act.
(7)Expressions used in this section and Part 5 of that Act have the same meaning in this section as in that Part.