266 Recovery orders
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

Vesting and realisation of recoverable property

266  Recovery orders

(1)     If in proceedings under this Chapter the court is satisfied that any property is recoverable, the court must make a recovery order.

(2)     The recovery order must vest the recoverable property in the trustee for civil recovery.

(3)     But the court may not make in a recovery order—

(a)     any provision in respect of any recoverable property if each of the conditions in subsection (4) or (as the case may be) (5) is met and it would not be just and equitable to do so, or

(b)     any provision which is incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998 (c 42)).

(4)     In relation to a court in England and Wales or Northern Ireland, the conditions referred to in subsection (3)(a) are that—

(a)     the respondent obtained the recoverable property in good

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