Page 766 - IOM Law Society Rules Book
P. 766

388                Proceeds of Crime Act 2008                 c.13

                           by or on behalf of the financial institution in the proceedings arising
                           out of the prosecution.



               Account     190. An application for an account monitoring order may be made
               monitoring  to a Deemster ex parte in chambers.
               orders:
               applications
               P2002/29/373
                           191. An account monitoring order has effect in spite of any
               Account
               monitoring  restriction on the disclosure of information (however imposed).
               orders:
               disclosure of
               information
               P2002/29/374
               Account     192. (1) Rules of court may make provision as to the practice
               monitoring  and procedure to be followed in connection with proceedings
               orders:
               supplementary  relating to account monitoring orders.

               P2002/29/375
                                (2) Where no rules of court have been made the court may
                           adopt such practice and procedure as it thinks fit.

                                (3) An application to discharge or vary an account
                           monitoring order may be made to the High Court by —


                                  (a) the person who applied for the order;

                                  (b) any person affected by the order.

                                (4) The court —


                                  (a) may discharge the order;

                                  (b) may vary the order.

                                (5) If a constable or a customs officer applies for an account
                           monitoring order, an application to discharge or vary the order
                           need not be by the same constable or customs officer.


                                (6) References to a person who applied for an account
                           monitoring order must be construed accordingly.


                                (7) Account monitoring orders have effect as if they were
                           orders of the court.

                                (8) This section does not apply to orders made for the
                           purposes of a civil recovery investigation.



                                                   Evidence overseas

               Evidence    193. (1) This section applies if an appropriate officer is carrying
               overseas    out a confiscation investigation.
               P2002/29/376
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