Section 27B — Actions for recovery of property for purposes of an external order

(1) [F1 None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (civil proceedings for the realisation of property to give effect to an external order).]

(2) [F1 Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be brought after the expiration of the period of [F2 20 years] from the date on which the [F3 relevant person's] cause of action accrued.]

(3) [F1 Proceedings under that Chapter are brought when—]

(a) [F1 a claim form is issued, or]

(b) [F1 an application is made for a property freezing order, or]

(c) [F1 an application is made for an interim receiving order,]

[F1 whichever is earliest.]

(3A) [F1 [F4 If, before an event mentioned in subsection (3) occurs, an application is made for a prohibition order under Part 4A of the Order, the proceedings under Chapter 2 of Part 5 of the Order are to be treated as having been brought when that application is made.]]

(4) [F1 The [F3 relevant person's] cause of action accrues in respect of any recoverable property—]

(a) [F1 in the case of proceedings for a recovery order in respect of property obtained, or believed to have been obtained, as a result of or in connection with criminal conduct, when the property is so obtained,]

(b) [F1 in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained, or believed to have been obtained, as a result of or in connection with criminal conduct which it represents is so obtained.]

(5) [F1 If—]

(a) [F1 a person would (but for the preceding provisions of this Act) have a cause of action in respect of the conversion of a chattel, and]

(b) [F1 proceedings are started under that Chapter for a recovery order in respect of the chattel,]

(c) [F1 section 3(2) of this Act does not prevent his asserting on an application under article 192 of that Order that the property belongs to him, or the court making a declaration in his favour under that article.]

(6) [F1 If the court makes such a declaration, his title to the chattel is to be treated as not having been extinguished by section 3(2) of this Act.]

(7) [F1 In this section—]

(a) [F1 “ criminal conduct ” is to be construed in accordance with section 447(8) of the Proceeds of Crime Act 2002, and ]

(b) [F1 expressions used in this section which are also used in Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 have the same meaning in this section as in that Part.]

(8) [F1 [F5 In this section “ relevant person ” means— ]]

(a) [F1 [F5 [F6 the National Crime Agency,]]]

(b) [F1 [F5 the Director of Public Prosecutions,]]

(d) [F1 [F5 the Director of the Serious Fraud Office.]]

Amendment notes

1. F1 S. 27B inserted (1.1.2006) by The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181), art. 201(1)
2. F2 Words in s. 27B(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 62, 116(1); S.I. 2009/3096, art. 3(h)
3. F3 Words in s. 27B(2)(4) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), art. 1(1), 4(2)
4. F4 S. 27B(3A) inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 4(3)
5. F5 S. 27(B)(8) inserted (1.4.2008) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 4(3)
6. F6 S. 27B(8)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 28(2); S.I. 2013/1682, art. 3(v)