Part 7Criminal memoirs etc

Limitation

I1171Limitation

1

After section 27B of the Limitation Act 1980 (c. 58) insert—

27CActions for exploitation proceeds orders

1

None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

2

Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority's cause of action accrued.

3

Proceedings under that Part for such an order are brought when an application is made for the order.

4

Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

5

Expressions used in this section and that Part have the same meaning in this section as in that Part.

2

After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

Actions for exploitation proceeds orders72C

1

None of the time limits given in the preceding provisions of this Order applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

2

Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority's cause of action accrued.

3

Proceedings under that Part for such an order are brought when an application is made for the order.

4

Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

5

Expressions used in this Article and that Part have the same meaning in this Article as in that Part.

3

After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52) insert—

19DActions for exploitation proceeds orders

1

None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

2

Proceedings under that Part for such an order are not to be brought after the expiration of 5 years from the date on which the enforcement authority's right of action accrued.

3

Proceedings under that Part for such an order are brought when an application is made for the order.

4

Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's right of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

5

Expressions used in this section and that Part have the same meaning in this section as in that Part.