Part 2 Property or Evidence Outside the United Kingdom

Part 2 Property or Evidence Outside the United Kingdom

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Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

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In section 280 (applying realised proceeds), in subsection (1), for “This section applies to†substitute “Subsection (2) applies to sums which are in the hands of the trustee for civil recovery if they areâ€.

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After section 282A insert—

“Enforcement outside the United Kingdom

282B Enforcement abroad before recovery order: enforcement authority

(1)     This section applies if—

(a)     the property freezing conditions are met in relation to property,

(b)     the property is not property to which a recovery order applies, and

(c)     an enforcement authority in relation to England and Wales or Scotland believes that the property is in a country outside the United Kingdom (the receiving country).

(2)     The property freezing conditions are—

(a)     in England and Wales, the conditions in section 245A(5) and (6), and

(b)     in Scotland, the conditions in section 255A(5) and (6),

and, for the purposes of this subsection, the references in those provisions to property to which the application for the order relates are

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