Part 5

Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2

Civil recovery in the High Court or Court of Session

Enforcement outside the United Kingdom

Enforcement abroad: after recovery order
282F
1
This section applies if—
a
a recovery order
... has effect in relation to property, and
b
the enforcement authority or the trustee for civil recovery believes that the property is in a country outside the United Kingdom (the receiving country).
2
The enforcement authority or trustee for civil recovery may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.
3
The Secretary of State may forward a request for assistance from the enforcement authority to the government of the receiving country.
4
The Secretary of State must forward a request for assistance from the trustee for civil recovery to the government of the receiving country.
5
A request for assistance is a request to the government of the receiving country for assistance in connection with the management and disposal of the property and includes a request—
a
to secure the detention, custody or preservation of the property;
b
in the case of money, to secure that it is applied in accordance with the law of the receiving country;
c
in the case of property other than money, to secure that the property is realised and the proceeds are applied in accordance with the law of the receiving country.
6
A certificate purporting to be issued by or on behalf of the government of the receiving country is admissible as evidence of the facts it states if it states—
a
that property has been realised in pursuance of a request under this section,
b
the date of realisation, and
c
the proceeds of realisation.
Words in s. 282F(1)(a) omitted (retrospective to 20.3.2015) by virtue of The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 8(6)
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
Ss. 282B-282F and cross-heading inserted (retrospectively) by Crime and Courts Act 2013 (c. 22), ss. 48(7), 61(11)(d), Sch. 18 para. 6 (with s. 48(8), Sch. 25); this insertion extended to N.I. (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(a)