Page 606 - IOM Law Society Rules Book

228 Proceeds of Crime Act 2008 c.13

(a) any interest in the recoverable property;

(b) any other interest in the property in which the
recoverable property subsists;

(c) if the recoverable property is a tenancy in common, the
tenancy of the other tenant;

(d) if the recoverable property is part of a larger property,
but not a separate part, the remainder of that property.

(2) References to property being associated with
recoverable property are to be read accordingly.

(3) No property is to be treated as associated with
recoverable property consisting of rights under a pension scheme
(within the meaning of sections 28 to 30).

Property freezing orders

Application 6. (1) Where the Attorney General may take proceedings for
for property a recovery order in the High Court, the Attorney General may
freezing order
apply to the court for a property freezing order (whether before or
P2002/29/ after starting the proceedings).
245A
(2) A property freezing order is an order that —

(a) specifies or describes the property to which it applies;
and

(b) subject to any exclusions (see section 8(1)(b) and (2)),
prohibits any person to whose property the order applies
from in any way dealing with the property.

(3) An application for a property freezing order may be
made without notice if the circumstances are such that notice of
the application would prejudice any right of the Attorney General
to obtain a recovery order in respect of any property.

(4) The court may make a property freezing order on an
application if it is satisfied that the condition in subsection (5) is met
and, where applicable, that the condition in subsection (6) is met.

(5) The first condition is that there is a good arguable case —

(a) that the property to which the application for the order
relates is or includes recoverable property; and

(b) that, if any of it is not recoverable property, it is
associated property.