delete The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013
This Order amends the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 to create new civil mechanisms for enforcing foreign ('external') requests to prohibit dealing with property in the UK. Part 4A covers England & Wales and Northern Ireland; Part 4B covers Scotland. It allows enforcement authorities (NCA, DPP, SFO, etc.) to obtain High Court prohibition orders freezing property identified in external requests from foreign countries, without requiring criminal proceedings to have been brought in the requesting country. The Order establishes procedures for making, varying, and setting aside prohibition orders; appoints receivers; creates exceptions for good-faith purchasers and various insolvency scenarios; and provides limited compensation rights when orders are discharged.
This Order creates a costly bureaucracy enabling foreign governments to appropriate UK property rights through civil proceedings without any criminal conviction in the requesting country. The ex parte (without-notice) application process, low £10,000 threshold, and broad definition of 'relevant property' expose legitimate property owners and purchasers to uncertainty and loss. The good-faith purchaser exception (art 141F(1)) is undermined by the catch-all 'without notice' standard. Compensation provisions (art 141N) are inadequate—a 3-month limitation period with no guaranteed recovery. By effectively making UK courts an extension of foreign enforcement agencies without meaningful judicial scrutiny, this Order deters legitimate international investment and property transactions, adds friction to the UK property market, and privileges foreign government assertions over UK citizens' property rights. Such international asset-freezing could be achieved through existing extradition and mutual legal assistance frameworks rather than parallel civil processes.