23 Prohibitory property orders: PPO receivers

Civil recovery

23  Prohibitory property orders: PPO receivers

(1)     The Proceeds of Crime Act 2002 is amended as follows.

(2)     After section 255F insert—

“255G Receivers in connection with prohibitory property orders

(1)     Subsection (2) applies if—

(a)     the Court of Session makes a prohibitory property order on an application by an enforcement authority, and

(b)     the authority applies to the court to proceed under subsection (2) (whether as part of the application for the prohibitory property order or at any time afterwards).

(2)     The Court of Session may by order appoint a person (a “PPO receiver”) in respect of any property to which the prohibitory property order applies.

(3)     An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.

(4)     In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a PPO receiver.

(5)     Such a person may be a member of staff of the enforcement authority.

(6)     The enforcement authority may apply a

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