Proceeds of Crime Act 1996

Interim order.

2

2. (1) F8 [ Where it is shown to the satisfaction of the Court on application to it ex parte in that behalf by a member, an authorised officer or the Criminal Assets Bureau ]

( a) that a person is in possession or control of—

(i) specified property and that the property constitutes, directly or indirectly, proceeds of crime, or

(ii) specified property that was acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes proceeds of crime,

and

( b) that the value of the property or, as the case may be, the total value of the property referred to in both subparagraphs (i) and (ii), of paragraph (a) is not less than F9 [ 5,000 ],

the Court may make an order (“an interim order”) prohibiting the person or any other specified person or any other person having notice of the order from disposing of or otherwise dealing with the whole or, if appropriate, a specified part of the property or diminishing its value during the period of 21 days from the date of the making of the order.

(2) An interim order—

( a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and

( b) shall provide for notice of it to be given to the respondent and any other person who appears to be or is affected by it unless the Court is satisfied that it is not reasonably possible to ascertain his, her or their whereabouts.

(3) Where an interim order is in force, the Court, on application to it in that behalf by the respondent or any other person claiming ownership of any of the property concerned may, if it is shown to the satisfaction of the Court that—

( a) the property concerned or a part of it is not property to which subparagraph (i) or (ii) of subsection (1)(a) applies, or

( b) the value of the property to which those subparagraphs apply is less than F9 [ 5,000 ],

discharge or, as may be appropriate, vary the order.

F10 [ (3A) Without prejudice to sections 3(7) and 6, where an interim order is in force, the Court may, on application to it in that behalf by the applicant or any other person, vary the order to such extent as may be necessary to permit

( a ) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

( b ) the recovery by a county registrar or sheriff of income tax due by the respondent pursuant to a certificate issued by the Collector-General under section 962 of the Taxes Consolidation Act 1997 , together with the fees and expenses provided for in that section, or

( c ) the institution of proceedings for, or relating to, the recovery of any other sum owed by the respondent. ]

(4) The Court shall, on application to it in that behalf at any time by the applicant, discharge an interim order.

(5) Subject to subsections (3) and (4), an interim order shall continue in force until the expiration of the period of 21 days from the date of its making and shall then lapse unless an application for the making of an interlocutory order in respect of any of the property concerned is brought during that period and, if such an application is brought, the interim order shall lapse upon—

( a) the determination of the application,

( b) the expiration of the ordinary time for bringing an appeal from the determination,

( c) if such an appeal is brought, the determination or abandonment of it or of any further appeal or the expiration of the ordinary time for bringing any further appeal,

whichever is the latest.

(6) Notice of an application under this section shall be given—

( a) in case the application is under subsection (3), by the respondent or other person making the application to the applicant,

F11 [ ( b ) in case the application is under subsection (3A) or (4), by the applicant or other person making the application to the respondent, unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, ]

and, in either case, to any other person in relation to whom the Court directs that notice of the application be given to him or her.

F12 [ (7) An application under subsection (1) may be made by originating motion. ]

Annotations:

Amendments:

F8

Substituted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 4(a), commenced on enactment.

F9

Substituted (12.08.2016) by Proceeds of Crime (Amendment) Act 2016 (8/2016), s. 4 (a) and (b), S.I. No. 437 of 2016.

F10

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 4(b), commenced on enactment.

F11

Substituted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 4(c), commenced on enactment.

F12

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 4(d), commenced on enactment.

Modifications (not altering text):

C2

Application of section extended with modifications (10.11.1998) by International War Crimes Tribunals Act 1998 (40/1998), s. 31(3), commenced on enactment.

Orders respecting property.

31.— ...

(2) Where, on application by a member of the Garda Síochána not below the rank of Chief Superintendent, the High Court is satisfied that—

(a) an international tribunal order referred to in subsection (1)(a) has been received by the Minister, and

(b) at the time of making the interim order under this subsection the international tribunal order is in force and is not subject to appeal,

the Court, for the purposes of the preservation and protection of the property to which the international tribunal order relates, may, regardless of the value of the property but subject to subsection (5), make an interim order containing any terms that, under section 2 (1) and (2) of the Proceeds of Crime Act, 1996, could be included in an interim order made under that Act if the value of the property were not less than £10,000.

(3) For the purposes mentioned in subsection (2) of this section, sections 2 (3) to (6), 3 (1) to (6), 5, 6, 7, 8 and 10 to 16 of the Proceeds of Crime Act, 1996, shall apply with the following modifications and any other necessary modifications, as if an application made under this section had been made under that Act:

...

Editorial Notes:

E1

Previous affecting provisions: subs. (1)(b) and (3)(b) amended (1.1.2002) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1(3) and schs. 3 and 4, in effect as per s. 1(3); substituted as per F-note above.