The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008

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

2.—(1) The 2005 Order is amended as follows.

(2) In article 2 (interpretation), omit the definition of “the Agency”.

(3) In article 3(7) (payment of expenses to insolvency practitioners)—

(a) in paragraph (a), for “, 34(3), 35(2) or 36(3)” substitute “or 34(3)”; and

(b) in paragraph (c), for “, 120(3), 121(2) or 122(3)” substitute “or 120(3)”.

(4) Omit article 6(1)(a) (Secretary of State may refer external request to the Director of the Agency).

(5) After article 16(8) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property), insert—

“(8A) Paragraph (8), so far as relating to the power mentioned in paragraph (2)(b), does not apply to property which—

(a) is perishable; or

(b) ought to be disposed of before its value diminishes.”.

(6) In article 17(6)(b) (opportunity for a receiver to be heard before the court may stay or impose terms on proceedings in relation to property where a restraint order has been made or applied for), for “, 27 or 30” substitute “or 27”.

(7) Omit article 18(1)(a) (Secretary of State may refer an external order to the Director of the Agency).

(8) In articles 27(2) (appointment of enforcement receivers) and 28(1) (action of the court on the application of the relevant Director in relation to a monetary external order), omit “, other than the Director of the Agency,”.

(9) After article 28(8) (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property), insert—

“(8A) Paragraph (8), so far as relating to the power mentioned in paragraph (2)(b), does not apply to property which—

(a) is perishable; or

(b) ought to be disposed of before its value diminishes.”.

(10) In article 29 (powers of enforcement receivers in respect of external orders for the recovery of specified property)—

(a) in paragraph (1), omit “(other that the Director of the Agency)”; and

(b) after paragraph (7), insert—

“(7A) Paragraph (7), so far as relating to the power mentioned in paragraph (2)(b), does not apply to property which—

(a) is perishable; or

(b) ought to be disposed of before its value diminishes.”.

(11) Omit articles 30 to 32 (appointment and powers of Director of Agency’s receivers).

(12) Omit articles 35 and 36 (application of sums by Director of Agency’s receivers and Director of Agency).

(13) In article 38(6)(a) (opportunity for the relevant Director to be heard before the court may stay or impose terms on proceedings in relation to property where an enforcement receiver has been appointed or applied for), omit “(other than the Director of the Agency)”.

(14) Omit article 39 (restrictions relating to Director of the Agency’s receivers).

(15) In articles 40 and 41(1) (protection of and further applications by receivers appointed under articles 15, 27 and 30), for “, 27 or 30” substitute “or 27”.

(16) In article 42(1) (persons who may apply for the variation and discharge of receiver orders), for “to 32” substitute “to 29”.

(17) In article 43 (management receivers: discharge)—

(a) in paragraph (1)(b), omit the words from “or” to “article 30”; and

(b) omit paragraph (3).

(18) In article 44 (appeal to Court of Appeal about receivers)—

(a) in paragraphs (1) and (2), for “, 27 to 29, 31 or 32” substitute “or 27 to 29”; and

(b) in paragraph (5)(a), omit the words from “or”, where it first appears, to “the Agency”.

(19) In article 46(1)(b) (application of this article to powers of a receiver appointed under article 15, 27 or 30), for “, 27 or 30” substitute “or 27”.

(20) Omit article 93(1)(a) (Secretary of State may refer an external request to the Director of Agency).

(21) After article 102(8) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property), insert—

“(8A) Paragraph (8), so far as relating to the power mentioned in paragraph (2)(b), does not apply to property which—

(a) is perishable; or

(b) ought to be disposed of before its value diminishes.”.

(22) In article 103(5)(b) (opportunity for a receiver to be heard before the court may stay or impose terms on proceedings in relation to property where a restraint order has been made or applied for), for “, 113 or 116” substitute “or 113”.

(23) Omit article 104(1)(a) (Secretary of State may refer an external order to the Director of Agency).

(24) In articles 113(2) (appointment of enforcement receivers) and 114(1) (action of the court on the application of the relevant Director in relation to a monetary external order), omit “, other than the Director of the Agency,”.

(25) After article 114(8) (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property) insert—

“(8A) Paragraph (8), so far as relating to the power mentioned in paragraph (2)(b), does not apply to property which—

(a) is perishable; or

(b) ought to be disposed of before its value diminishes.”.

(26) In article 115 (powers of enforcement receivers in respect of external orders for the recovery of specified property)—

(a) in paragraph (1) omit “(other that the Director of the Agency)”; and

(b) after paragraph (7) insert—

“(7A) Paragraph (7), so far as relating to the power mentioned in paragraph (2)(b), does not apply to property which—

(a) is perishable; or

(b) ought to be disposed of before its value diminishes.”.

(27) Omit articles 116 to 118 (appointment and powers of Director of Agency’s receivers).

(28) Omit articles 121 and 122 (application of sums by Director of Agency’s receivers and Director of Agency).

(29) In article 124(5)(a) (opportunity for the relevant Director to be heard before the court may stay or impose terms on proceedings in relation to property where an enforcement receiver has been appointed or applied for), omit “(other than the Director of the Agency)”.

(30) Omit article 125 (restrictions relating to Director of Agency’s receivers).

(31) In articles 126 and 127(1) (protection of and further applications by receivers appointed under articles 101, 113 and 116), for “, 113 or 116” substitute “or 113”.

(32) In article 127(2)(b) and (3) (applications to be made to the Crown Court if the receiver is appointed under article 113 or 116), omit “or 116”.

(33) In article 128(1) (persons who may apply for the variation and discharge of receiver orders), for “to 118” substitute “to 115”.

(34) In article 129 (management receivers: discharge)—

(a) in paragraph (1)(b), omit the words from “or” to “article 116”; and

(b) omit paragraph (3).

(35) In article 130 (appeal to Court of Appeal about receivers)—

(a) in paragraphs (1) and (2), for “, 113 to 115, 117 or 118” substitute “or 113 to 115”; and

(b) in paragraph (5)(a), omit the words from “or”, where it first appears, to “the Agency”.

(36) In article 132(1)(b) (application of this article to powers of a receiver appointed under article 101, 113 or 116), for “, 113 or 116” substitute “or 113”.

(37) In article 151(7) (enforcement authority to nominate a suitably qualified person for appointment as interim receiver under interim receiving order), for “Agency” substitute “enforcement authority”.

(38) After article 183(6) (amount of compensation to be paid under a recovery order in default of agreement in respect of associated and joint property), insert—

“(7) In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned.”.

(39) In article 191 (applying realised proceeds)—

(a) in paragraph (3)—

(i) for “Director” substitute “enforcement authority (unless it is the Scottish Ministers)”; and

(ii) for “him” substitute “it”; and

(b) in paragraph (4) for “Agency” substitute “enforcement authority concerned”.

(40) After article 194(9) (amount of compensation to be paid where court does not decide property is recoverable or associated property), insert—

“(10) In the case of an enforcement authority in relation to England and Wales or Northern Ireland—

(a) the reference in paragraph (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and

(b) the reference in paragraph (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned.”.

(41) Omit article 210 (restriction on performance of Director’s functions by police).

(42) In article 213(1) (general interpretation)—

(a) omit the definition of “Director”; and

(b) in the definition of “enforcement authority”—

(i) for paragraph (a), substitute—

“(a) in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office,”; and

(ii) after paragraph (b), insert—

“(c) in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,”

(c) after paragraph (8), insert—

“(8A) In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under article 187, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.”