Part 5

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

Civil recovery in the High Court or Court of Session

Miscellaneous

Legal expenses excluded from freezing: required conditions
286A
1
The Lord Chancellor may by regulations specify the required conditions for the purposes of section 245C(5) or 252(4).
2
A required condition may (in particular)—
a
restrict who may receive sums released in pursuance of the exclusion (by, for example, requiring released sums to be paid to professional legal advisers), or
b
be made for the purpose of controlling the amount of any sum released in pursuance of the exclusion in respect of an item of expenditure.
3
A required condition made for the purpose mentioned in subsection (2)(b) may (for example)—
a
provide for sums to be released only with the agreement of the enforcement authority;
b
provide for a sum to be released in respect of an item of expenditure only if the court has assessed the amount allowed by regulations under section 286B in respect of that item and the sum is released for payment of the assessed amount;
c
provide for a sum to be released in respect of an item of expenditure only if—
i
the enforcement authority agrees to its release, or
ii
the court has assessed the amount allowed by regulations under section 286B in respect of that item and the sum is released for payment of the assessed amount.
4
Before making regulations under this section, the Lord Chancellor must consult such persons as he considers appropriate.
Ss. 286A, 286B inserted (1.8.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 20; S.I. 2005/2026, art. 2(b)
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