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

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

http://www.legislation.gov.uk/uksi/2005/3181/contents/made?text=civil%20rights#match-1

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You searched for provisions that contain the text 'civil rights'. The matching provisions are highlighted below. Where no highlighting is shown the matching result may be contained within a footnote.

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Introductory Text

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PART 1 GENERAL PROVISIONS

1.Title and commencement

2.Interpretation

3.Insolvency practitioners

4.Insolvency practitioners: interpretation

5.Orders and regulations

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PART 2 GIVING EFFECT IN ENGLAND AND WALES TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS

CHAPTER 1 EXTERNAL REQUESTS

6.Action on receipt of external request in connection with criminal investigations or proceedings

7.Conditions for Crown Court to give effect to external request

8.Restraint orders

9.Application, discharge and variation of restraint orders

10.Appeal to Court of Appeal about restraint orders

11.Appeal to House of Lords about restraint orders

12.Seizure in pursuance of restraint order

13.Hearsay evidence in restraint proceedings

14.Supplementary (restraint orders)

15.Appointment of management receivers

16.Powers of management receivers

17.Restrictions relating to restraint orders

CHAPTER 2 EXTERNAL ORDERS

18.Action on receipt of external order in connection with criminal convictions

19.Authentication by the overseas court

20.Applications to give effect to external orders

21.Conditions for Crown Court to give effect to external orders

22.Registration of external orders

23.Appeal to Court of Appeal about external orders

24.Appeal to House of Lords about external orders

25.Sums in currency other than sterling

26.Time for payment

27.Appointment of enforcement receivers

28.Powers of enforcement receivers in respect of monetary external orders

29.Powers of enforcement receivers in respect of external orders for the recovery of specified property

30.Appointment of Director of Agency’s receivers

31.Powers of Director of Agency’s receivers in respect of monetary external orders

32.Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property

33.Application of sums by enforcement receivers

34.Sums received by relevant Director

35.Application of sums by Director of Agency’s receivers

36.Application of sums received by the Director of the Agency

37.Satisfaction of external order

38.Restrictions relating to enforcement receivers

39.Restrictions relating to Director of the Agency’s receivers

CHAPTER 3 RECEIVERS AND PROCEDURE

40.Protection of receiver appointed under articles 15, 27 and 30

41.Further applications by receivers

42.Discharge and variation of receiver orders

43.Management receivers: discharge

44.Appeal to Court of Appeal about receivers

45.Appeal to the House of Lords about receivers

46.Powers of court and receiver

47.Procedure on appeal to Court of Appeal under Part 2

48.Procedure on appeal to House of Lords under Part 2

CHAPTER 4 INTERPRETATION

49.Property

50.Tainted gifts

51.Gifts and their recipients

52.Value: the basic rule

53.Value of tainted gifts

54.Meaning of “defendant”

55.Other interpretation

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PART 3 GIVING EFFECT IN SCOTLAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS

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PART 4 GIVING EFFECT IN NORTHERN IRELAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS

CHAPTER 5 EXTERNAL REQUESTS

93.Action on receipt of external request in connection with criminal investigations or proceedings

94.Conditions for High Court to give effect to external request

95.Restraint orders

96.Application, discharge and variation of restraint orders

97.Appeal to Court of Appeal about restraint orders

98.Appeal to House of Lords about restraint orders

99.Seizure in pursuance of restraint order

100.Supplementary (restraint orders)

101.Appointment of management receivers

102.Powers of management receivers

103.Restrictions relating to restraint orders

CHAPTER 2 EXTERNAL ORDERS

104.Action on receipt of external order in connection with criminal convictions

105.Authentication by the overseas court

106.Applications to give effect to external orders

107.Conditions for Crown Court to give effect to external orders

108.Registration of external orders

109.Appeal to Court of Appeal about external orders

110.Appeal to House of Lords about external orders

111.Sums in currency other than sterling

112.Time for payment

113.Appointment of enforcement receivers

114.Powers of enforcement receivers in respect of monetary external orders

115.Powers of enforcement receivers in respect of external orders for the recovery of specified property

116.Appointment of Director of Agency’s receivers

117.Powers of Director of Agency’s receivers in respect of monetary external orders

118.Powers of Director of Agency’s receivers in respect of external orders for the recovery of specified property

119.Application of sums by enforcement receivers

120.Sums received by appropriate chief clerk

121.Application of sums by Director of Agency’s receivers

122.Application of sums received by the Director of the Agency

123.Satisfaction of external order

124.Restrictions relating to enforcement receivers

125.Restrictions relating to Director of the Agency’s receivers

CHAPTER 3 RECEIVERS AND PROCEDURE

126.Protection of receiver appointed under articles 101, 113 and 116

127.Further applications by receivers

128.Discharge and variation of receiver orders

129.Management receivers: discharge

130.Appeal to Court of Appeal about receivers

131.Appeal to the House of Lords about receivers

132.Powers of court and receiver

133.Procedure on appeal to Court of Appeal under Part 4

134.Procedure on appeal to House of Lords under Part 4

CHAPTER 4 INTERPRETATION

135.Property

136.Tainted gifts

137.Gifts and their recipients

138.Value: the basic rule

139.Value of tainted gifts

140.Meaning of “defendant”

141.Other interpretation

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PART 5 GIVING EFFECT IN THE UNITED KINGDOM TO EXTERNAL ORDERS BY MEANS OF CIVIL RECOVERY

CHAPTER 1 INTRODUCTION

142.Action to give effect to an order

CHAPTER 2 CIVIL RECOVERY IN THE HIGH COURT OR COURT OF SESSION

Proceedings for recovery orders

143.Proceedings for recovery orders in England and Wales or Northern Ireland

144.Proceedings for recovery orders in Scotland

145.Sums in a currency other than sterling

146.“Associated property”

Property freezing orders (England and Wales and Northern Ireland)

147.Application for property freezing order

148.Variation and setting aside of property freezing order

149.Property freezing orders: exclusions

150.Property freezing orders: restrictions on proceedings and remedies

Interim receiving orders (England and Wales and Northern Ireland)

151.Application for interim receiving order

152.Functions of interim receiver

Property freezing orders and interim receiving orders: registration

153.Registration of property freezing orders and interim receiving orders

154.Registration (Northern Ireland) of such orders

Interim receiving orders: further provisions

155.Interim receiving orders: duties of respondent etc.

156.Supervision of interim receiver and variation of order

157.Interim receiving orders: restrictions on dealing etc. with property

158.Interim receiving orders: restriction on proceedings and remedies

159.Exclusion of property which is not recoverable etc. under interim receiving order

160.Reporting under interim receiving order

Prohibitory property orders (Scotland)

161.Application for prohibitory property order

162.Variation and recall of prohibitory property order

163.Prohibitory property orders: exclusions

164.Prohibitory property orders: restriction on proceedings and remedies

165.Arrestment of property affected by prohibitory property order

166.Inhibition of property affected by prohibitory property order

Interim administration orders (Scotland)

167.Application for interim administration order

168.Functions of interim administrator

169.Inhibition of property affected by order

170.Interim administration orders: duties of respondent etc.

171.Supervision of interim administrator and variation of order

172.Interim administration orders: restrictions on dealing etc. with property

173.Interim administration orders: restrictions on proceedings and remedies

174.Exclusion of property which is not recoverable etc. under interim administration order

175.Reporting under interim administration order

176.Arrestment of property affected by interim administration order

Vesting and realisation of recoverable property

177.Recovery orders

178.Functions of the trustee for civil recovery

179.Recording of recovery order (Scotland)

180.Rights of pre-emption etc.

181.Associated and joint property

182.Agreements about associated and joint property

183.Associated and joint property: default of agreement

184.Payments in respect of rights under pension schemes

185.Consequential adjustment of liabilities under pension schemes

186.Pension schemes: supplementary

187.Consent orders

188.Consent orders: pensions

189.Limit on recovery

190.Article 189: supplementary

191.Applying realised proceeds

Exemptions etc.

192.Victims of theft etc.

193.Other exemptions

Miscellaneous

194.Compensation

195.Payment of interim administrator or trustee (Scotland)

196.Effect on diligence of recovery order (Scotland)

197.Scope of powers (Scotland)

198.Legal expenses excluded from freezing: required conditions

199.Legal expenses: regulations for purposes of article 177(11) or 198(3)

200.Financial threshold

201.Limitation

CHAPTER 3 GENERAL

Recoverable property

202.Recoverable property: property or sum of money specified in the external order

203.Tracing property, etc.

204.Mixing property

205.Recoverable property: general exceptions

206.Other exemptions

207.Granting interests

Insolvency

208.Insolvency

Delegation of enforcement functions

209.Performance of functions of Scottish Ministers by constables in Scotland

210.Restriction on performance of Director’s functions by police

Interpretation

211.Obtaining and disposing of property

212.Northern Ireland courts

213.General interpretation

Signature

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SCHEDULE 1

ADMINISTRATORS (SCOTLAND): FURTHER PROVISION

1.General

2.Appointment etc

3.Functions

4.Consent of accountant of court

5.Dealings in good faith with administrator

6.Money received by administrator

7.Effect of appointment of administrator on diligence

8.Supervision

9.Accounts and remuneration

10.Discharge of administrator

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SCHEDULE 2

POWERS OF INTERIM RECEIVER OR ADMINISTRATOR

1.Seizure

2.Information

3.Entry, search, etc.

4.Supplementary

5.Management

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SCHEDULE 3

POWERS OF TRUSTEE FOR CIVIL RECOVERY

1.Sale

2.Expenditure

3.Management

4.Legal proceedings

5.Compromise

6.Supplementary

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SCHEDULE 4

RECOVERY FROM PENSION SCHEMES

1.Interpretation

2.Calculation and verification of the value of rights under pension schemes

3.Calculation and verification of the value of rights under destination arrangements

4.Approval of manner of calculation and verification of the value of rights

5.Time for compliance with a pension recovery order

SCHEDULE 5

PRESCRIBED ENACTMENTS – PROPERTY WHICH IS NOT RECOVERABLE PROEPRTY

Explanatory Note