Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1Chapter 2Civil recovery in the High Court or Court of Session
F3Property freezing orders and interim receiving orders: registration
S. 248 cross-heading inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 10; S.I. 2005/3136, art. 3(c)
I1248 Registration
1
The registration Acts—
a
apply in relation to F5property freezing orders, and in relation to interim receiving orders, as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgements or recognisances,
b
apply in relation to applications for F6property freezing orders, and in relation to applications for interim receiving orders, as they apply in relation to other pending land actions.
2
The registration Acts are—
a
F1the Land Registration Act 1925 (c. 21),
b
the Land Charges Act 1972 (c. 61), and
c
the Land Registration Act 2002 (c. 9).
3
But no notice may be entered in the register of title under the Land Registration Act 2002 in respect of F4a property freezing order oran interim receiving order.
4
F2A person applying for an interim receiving order must be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which—
a
the application relates, or
b
an interim receiving order made in pursuance of the application relates.
I2249 Registration (Northern Ireland)
1
A person applying forF7a property freezing order or an interim receiving order must be treated for the purposes of section 66 of the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) (cautions) as a person interested in relation to any registered land to which—
a
the application relates, or
b
F9a property freezing order, or an interim receiving order, made in pursuance of the application relates.
F81A
Upon being served with a copy of a property freezing order, the Registrar must, in respect of any registered land to which a property freezing order or an application for a property freezing order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.
2
Upon being served with a copy of an interim receiving order, the Registrar must, in respect of any registered land to which an interim receiving order or an application for an interim receiving order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.
3
Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) apply to an entry made under subsectionF10(1A) or (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section.
4
Where F11a property freezing order or an interim receiving order has been protected by an entry registered under the Land Registration Act (Northern Ireland) 1970 or the Registration of Deeds Acts, an order setting aside theF12property freezing order or interim receiving order may require that entry to be vacated.
5
In this section—
“Registrar” and “entry” have the same meanings as in the Land Registration Act (Northern Ireland) 1970, and
“Registration of Deeds Acts” has the meaning given by section 46(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
Pt. 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