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Section 255C: Exclusions

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 5: Civil recovery of the proceeds etc. of unlawful conduct — Chapter 2: Civil recovery in the High Court or Court of Session

The power to vary a prohibitory property order includes (in particular) power to make exclusions as follows—

power to exclude property from the order, and
power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.

Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.

An exclusion may, in particular, make provision for the purpose of enabling any person—

to meet his reasonable living expenses, or
to carry on any trade, business, profession or occupation.

An exclusion may be made subject to conditions.

An exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.

If excluded property is not specified in the order it must be described in the order in general terms.

The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.

Subsection (7) does not apply where the court is acting as required by section 255B(3) or (4).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.