Part 8

Investigations
Chapter 2

England and Wales and Northern Ireland

Unexplained wealth orders: interim freezing of property

Supervision of section 362N receiver and variations
362P
1
Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 362N—
a
the receiver;
b
a party to the proceedings for the appointment of the receiver or the interim freezing order concerned;
c
a person affected by an action taken by the receiver;
d
a person who may be affected by an action proposed to be taken by the receiver.
2
Before it gives directions under subsection (1) the court must give an opportunity to be heard to—
a
the receiver;
b
the parties to the proceedings for the appointment of the receiver and for the interim freezing order concerned;
c
a person who may be interested in the application under subsection (1).
3
The court may at any time vary or discharge—
a
the appointment of a receiver under section 362N,
b
an order under section 362O, or
c
directions under this section.
4
Before exercising a power under subsection (3) the court must give an opportunity to be heard to—
a
the receiver;
b
the parties to the proceedings for the appointment of the receiver, for the order under section 362O or (as the case may be) for the directions under this section;
c
the parties to the proceedings for the interim freezing order concerned;
d
any person who may be affected by the court's decision.
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)