Part 8

Investigations
Chapter 2

England and Wales and Northern Ireland

Unexplained wealth orders: interim freezing of property

Receivers in connection with interim freezing orders
362N
1
This section applies where the High Court makes an interim freezing order on an application by an enforcement authority.
2
The court may, on an application by the enforcement authority, by order appoint a receiver in respect of any property to which the interim freezing order applies.
3
An application under subsection (2) may be made at the same time as the application for the interim freezing order or at any time afterwards.
4
The application may be made without notice if the circumstances of the case are such that notice of the application would prejudice the right of the enforcement authority to obtain a recovery order in respect of any property.
5
In its application the enforcement authority must nominate a suitably qualified person for appointment as a receiver.
6
The person nominated may be a member of staff of the enforcement authority.
7
The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.
8
Subsection (7) does not apply in relation to the remuneration of the receiver if that person is a member of staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
S. 362J 362R and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 2, 58(1)(6); S.I. 2018/78, reg. 3(a); S.I. 2021/724, reg. 2(1)(a)