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Part 5 Civil recovery of the proceeds etc. of unlawful conduct (ss. 240-316)

Comparing proposed amendment...
Chapter 1 Introductory (ss. 240-242)
In force
240. General purpose of this Part
In force
241. "Unlawful conduct"
In force
242. "Property obtained through unlawful conduct"
In force
241A. "Gross human rights abuse or violation"
Chapter 2 Civil recovery in the High Court or Court of Session (ss. 243-288)
Proceedings for recovery orders (ss. 243-245G)
In force
243. Proceedings for recovery orders in England and Wales or Northern Ireland
In force
244. Proceedings for recovery orders in Scotland
In force
245. "Associated property"
In force
245A. Application for property freezing order
In force
245ZA. Notice to local authority: Scotland
In force
245B. Variation and setting aside of order
In force
245C. Exclusions
In force
245D. Restriction on proceedings and remedies
In force
245E. Receivers in connection with property freezing orders
In force
245F. Powers of receivers appointed under section 245E
In force
245G. Supervision of section 245E receiver and variations
Interim receiving orders (England and Wales and Northern Ireland) (ss. 246-247)
In force
246. Application for interim receiving order
In force
247. Functions of interim receiver
Property freezing orders and interim receiving orders: registration (ss. 248-249)
In force
248. Registration
In force
249. Registration (Northern Ireland)
Interim receiving orders: further provisions (ss. 250-255I)
In force
250. Duties of respondent etc.
In force
251. Supervision of interim receiver and variation of order
In force
252. Restrictions on dealing etc. with property
In force
253. Restriction on proceedings and remedies
In force
254. Exclusion of property which is not recoverable etc.
In force
255. Reporting
In force
255A. Application for prohibitory property order
In force
255B. Variation and recall of prohibitory property order
In force
255C. Exclusions
In force
255D. Restriction on proceedings and remedies
In force
255E. Arrestment of property affected by prohibitory property order
In force
255F. Inhibition of property affected by prohibitory property order
In force
255G. Receivers in connection with prohibitory property orders
In force
255H. Powers of receivers appointed under section 255G
In force
255I. Supervision of PPO receiver and variations
Interim administration orders (Scotland) (ss. 256-265)
In force
256. Application for interim administration order
In force
257. Functions of interim administrator
In force
258. Inhibition of property affected by order
In force
259. Duties of respondent etc.
In force
260. Supervision of interim administrator and variation of order
In force
261. Restrictions on dealing etc. with property
In force
262. Restriction on proceedings and remedies
In force
263. Exclusion of property which is not recoverable etc.
In force
264. Reporting
In force
265. Arrestment of property affected by interim administration order
Vesting and realisation of recoverable property (ss. 266-280)
In force
266. Recovery orders
In force
267. Functions of the trustee for civil recovery
In force
268. Recording of recovery order (Scotland)
In force
269. Rights of pre-emption, etc.
In force
270. Associated and joint property
In force
269A Leases and occupancy rights: Scotland
In force
271. Agreements about associated and joint property
In force
272. Associated and joint property: default of agreement
In force
273. Payments in respect of rights under pension schemes
In force
274. Consequential adjustment of liabilities under pension schemes
In force
275. Pension schemes: supplementary
In force
276. Consent orders
In force
277. Consent orders: pensions
Partly in force
278. Limit on recovery
In force
279. Section 278: supplementary
In force
280. Applying realised proceeds
Exemptions etc. (ss. 281-282)
In force
281. Victims of theft, etc.
In force
282. Other exemptions
Scope of powers (ss. 282A)
In force
282A. Scope of powers
Enforcement outside the United Kingdom (ss. 282B-282F)
In force
282B. Enforcement abroad before recovery order: enforcement authority
In force
282C. Enforcement abroad before recovery order: receiver or administrator
In force
282CA. Enforcement abroad before recovery order: PPO receiver
In force
282D. Evidence overseas: interim receiver or interim administrator
In force
282E. Evidence overseas: restrictions on use
In force
282F. Enforcement abroad: after recovery order
Miscellaneous (ss. 283-288)
In force
283. Compensation
In force
284. Payment of interim administrator or trustee (Scotland)
In force
285. Effect on diligence of recovery order (Scotland)
Omitted
286. Scope of powers (Scotland)
In force
286A. Legal expenses excluded from freezing: required conditions
In force
286B. Legal expenses: regulations for purposes of section 266(8B) or 286A(3)
In force
287. Financial threshold
In force
288. Limitation
Chapter 3 Recovery of cash in summary proceedings (ss. 289-303A)
Searches (ss. 289-293)
In force
289. Searches
Partly in force
290. Prior approval
In force
291. Report on exercise of powers
In force
292. Code of practice
In force
293. Code of practice (Scotland)
In force
293A. Code of practice (Northern Ireland)
Seizure and detention (ss. 294-297)
In force
294. Seizure of cash
In force
295. Detention of seized cash
In force
296. Interest
In force
297. Release of detained cash
Forfeiture without court order (ss. 297A-297G)
In force
297A. Forfeiture notice
In force
297B. Content
In force
297C. Effect
In force
297D. Detention following lapse of notice
In force
297E. Application to set aside forfeiture
In force
297F. Release of cash subject to forfeiture notice
In force
297G. Application of forfeited cash
Forfeiture (ss. 298-300)
In force
298. Forfeiture
In force
299. Appeal against forfeiture
In force
300. Application of forfeited cash
Supplementary (ss. 301-303A)
In force
301. Victims and other owners
In force
302. Compensation
In force
302A. Powers for prosecutors to appear in proceedings
In force
303. "The minimum amount"
In force
303A. Financial investigators
Chapter 3A Recovery of listed asset in summary proceedings (ss. 303B-303Z)
Definition of listed asset (s. 303B)
In force
303B. "Listed asset"
Searches (ss. 303C-303I)
In force
303C. Searches
In force
303D. Searches: supplemental provision
Partly in force
303E. Prior approval
In force
303F. Report on exercise of powers
In force
303G. Code of practice: Secretary of State
In force
303H. Code of practice: Scotland
In force
303I. Code of practice: Northern Ireland
Seizure and detention (ss. 303J-303N)
In force
303J. Seizure of listed assets
In force
303K. Initial detention of seized property
In force
303L. Further detention of seized property
In force
303M. Testing and safekeeping of property seized under section 303J
In force
303N. Release of detained property
Forfeiture (ss. 303O-303U)
In force
303O. Forfeiture
In force
303P. Associated and joint property
In force
303Q. Agreements about associated and joint property
In force
303R. Associated and joint property: default of agreement
In force
303S. Sections 303O to 303R: appeals
In force
303T. Realisation of forfeited property
In force
303U. Proceeds of realisation
Supplementary (ss. 303V-303Z)
In force
303V. Victims and other owners
In force
303W. Compensation
In force
303X. Powers for prosecutors to appear in proceedings
In force
303Y. "The minimum value"
In force
303Z. Financial investigators
Chapter 3B Forfeiture of money held in certain accounts (ss. 303Z1-303Z19)
Freezing of certain accounts (ss. 303Z1-303Z8)
In force
303Z1. Application for account freezing order
In force
303Z2. Restrictions on making of application under section 303Z1
In force
303Z3. Making of account freezing order
In force
303Z4. Variation and setting aside of account freezing order
In force
303Z5. Exclusions
In force
303Z6. Restriction on proceedings and remedies
In force
303Z7. "Bank"
In force
303Z8. "The minimum amount"
Account forfeiture notices (England and Wales and Northern Ireland) (ss. 303Z9-303Z13)
In force
303Z9. Account forfeiture notice
In force
303Z10. Giving of account forfeiture notice
In force
303Z11. Lapse of account forfeiture notice
In force
303Z12. Application to set aside forfeiture
In force
303Z13. Application of money forfeited under account forfeiture notice
Forfeiture orders (ss. 303Z14-303Z17)
In force
303Z14. Forfeiture order
In force
303Z15. Continuation of account freezing order pending appeal
In force
303Z16. Appeal against decision under section 303Z14
In force
303Z17. Application of money forfeited under account forfeiture order
Supplementary (ss. 303Z17A -303Z19)
Partly in force
303Z17A. Victims and other owners
In force
303Z18. Compensation
In force
303Z19. Powers for prosecutors to appear in proceedings
Chapter 3C Recovery of cryptoassets: searches, seizure and detention (ss. 303Z20-303Z34)
Definitions (s. 303Z20)
Partly in force
303Z20. Definitions
Searches (s. 303Z21-303Z25)
Partly in force
303Z21. Searches
Partly in force
303Z22. Searches: supplemental provision
Partly in force
303Z23. Prior approval
Partly in force
303Z24. Report on exercise of powers
Partly in force
303Z25. Codes of practice
Seizure and detention of cryptoasset-related items (ss. 303Z26-303Z34)
Partly in force
303Z26. Seizure of cryptoasset-related items
Partly in force
303Z27. Initial detention of seized cryptoasset-related items
Partly in force
303Z28. Further detention of seized cryptoasset-related items
Partly in force
303Z29. Seizure of cryptoassets
Partly in force
303Z30. Prior authorisation for detention of cryptoassets
Partly in force
303Z31. Initial detention of seized cryptoassets
Partly in force
303Z32. Further detention of seized cryptoassets
Partly in force
303Z33. Safekeeping of cryptoassets and cryptoasset-related items
Partly in force
303Z34. Release of cryptoassets and cryptoasset-related items
Chapter 3D Recovery of cryptoassets: freezing orders (ss. 303Z35-303Z40)
Definitions (s. 303Z35)
Partly in force
303Z35. Definitions
Freezing of crypto wallets (ss. 303Z36-303Z40)
Partly in force
303Z36. Application for crypto wallet freezing order
Partly in force
303Z37. Making of a crypto wallet freezing order
Partly in force
303Z38. Variation and setting aside of crypto wallet freezing order
Partly in force
303Z39. Exclusions
Partly in force
303Z40. Restrictions on proceedings and remedies
Chapter 3E Forfeiture of cryptoassets following detention or freezing order (ss. 303Z41-303Z53)
Forfeiture orders (ss. 303Z41-303Z49)
Partly in force
303Z41. Forfeiture order
Partly in force
303Z42. Forfeiture order: supplementary
Partly in force
303Z43. Associated and joint property
Partly in force
303Z44. Agreements about associated and joint property
Partly in force
303Z45. Associated and joint property: default of agreement
Partly in force
303Z46. Continuation of crypto wallet freezing order pending appeal
Partly in force
303Z47. Sections 303Z41 to 303Z45: appeals
Partly in force
303Z48. Realisation or destruction of forfeited cryptoassets etc
Partly in force
303Z49. Proceeds of realisation
Supplementary (ss. 303Z50-303Z53)
Partly in force
303Z50. Victims and other owners: detained cryptoassets
Partly in force
303Z51. Victims and other owners: crypto wallet freezing orders
Partly in force
303Z52. Compensation
Partly in force
303Z53. Powers for prosecutors to appear in proceedings
Chapter 3F Conversion of cryptoassets (ss. 303Z54-303Z66)
Conversion (ss. 303Z54-303Z56)
Partly in force
303Z54. Detained cryptoassets: conversion
Partly in force
303Z55. Frozen crypto wallet: conversion
Partly in force
303Z56. Conversion: existing forfeiture proceedings
Detention (ss. 303Z57-303Z58)
Partly in force
303Z57. Detained cryptoassets: detention of proceeds of conversion
Partly in force
303Z58. Frozen crypto wallets: detention of proceeds of conversion
Release (s. 303Z59)
Partly in force
303Z59. Release of detained converted cryptoassets
Forfeiture (ss. 303Z60-303Z62)
Partly in force
303Z60. Forfeiture order
Partly in force
303Z61. Appeal against decision under section 303Z60
Partly in force
303Z62. Application of forfeited converted cryptoassets
Supplementary (ss. 303Z63-303Z65)
Partly in force
303Z63. Victims and other owners
Partly in force
303Z64. Compensation
Partly in force
303Z65. Powers for prosecutors to appear in proceedings
Interpretation (s. 303Z66)
Partly in force
303Z66. Interpretation
Chapter 4 General (ss. 304-316)
Recoverable property (ss. 304-310)
In force
304. Property obtained through unlawful conduct
In force
305. Tracing property, etc.
In force
306. Mixing property
In force
307. Recoverable property: accruing profits
In force
308. General exceptions
In force
309. Other exemptions
In force
310. Granting interests
Insolvency (s. 311)
In force
311. Insolvency
Chapters 3C to 3F: supplementary (s. 311A)
Partly in force
311A. Financial investigators
Delegation of enforcement functions (ss. 312-313)
Partly in force
312. Performance of functions of Scottish Ministers by constables in Scotland
Repealed
313. Restriction on performance of Director's functions by police
Interpretation (ss. 314-316)
In force
314. Obtaining and disposing of property
In force
315. Northern Ireland courts
Partly in force
316. General interpretation