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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2024 - onwards
  Version 7 of 7    

278. Limit on recovery

(1) This section applies if the enforcement authority seeks a recovery order -

(a) in respect of both property which is or represents property obtained through unlawful conduct and related property, or

(b) in respect of property which is or represents property obtained through unlawful conduct where such an order, or an order under section 276, has previously been made in respect of related property.

(2) For the purposes of this section -

(a) the original property means the property obtained through unlawful conduct,

(b) the original property, and any items of property which represent the original property, are to be treated as related to each other.

(3) The court is not to make a recovery order if it thinks that the enforcement authority's right to recover the original property has been satisfied by a previous recovery order or order under section 276.

(4) Subject to subsection (3), the court may act under subsection (5) if it thinks that -

(a) a recovery order may be made in respect

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