The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Time for payment

72.—(1) This article applies where the external order is for the recovery of a specified sum of money.

(2) Subject to paragraphs (3) to (6), the amount ordered to be paid under—

(a) an external order that has been registered under article 69; or

(b) where article 71 applies, the notice under article 69(1)(b),

must be paid to the appropriate clerk of court on the date on which the notice under article 69(1)(b) is delivered to the person affected by it.

(3) Where there is a reclaiming motion under article 70 the duty to pay is delayed until the day on which the reclaiming motion is determined or withdrawn.

(4) If the person affected by an external order which has been registered shows that he needs time to pay the amount ordered to be paid, the court may make an order allowing payment to be made within a specified period.

(5) The specified period—

(a) must start with the day on which the notice under article 69(1)(b) was delivered to the person affected by the order or the day referred to in paragraph (3) as the case may be; and

(b) must not exceed six months.

(6) If within the specified period the person affected by an external order applies to the court for the period to be extended and the court believes that there are exceptional circumstances, it may make an order extending the period.

(7) The extended period—

(a) must start with the day on which the notice under article 69(1)(b) was delivered to the person affected by it; and

(b) must not exceed 12 months.

(8) An order under paragraph (6)—

(a) may be made after the end of the specified period; but

(b) must not be made after the end of the extended period.

(9) The court must not make an order under paragraph (4) or (6) unless it gives the Lord Advocate an opportunity to make representations.

(10) The appropriate clerk of court is the sheriff clerk appointed under article 69(1).