Remedy
Start free

Section 396J: Application for interim freezing order

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

Part 8: Investigations — Chapter 3: Scotland

This section applies where the Court of Session makes an unexplained wealth order in respect of any property.

The court may make an interim freezing order in respect of the property if the court considers it necessary to do so for the purposes of avoiding the risk of any recovery order that might subsequently be obtained being frustrated.

An interim freezing order is an order that prohibits the respondent to the unexplained wealth order, and any other person with an interest in the property, from in any way dealing with the property (subject to any exclusions under section 396L).

An interim freezing order—

may be made only on the application of the Scottish Ministers,
must be made in the same proceedings as those in which the unexplained wealth order is made, and
may be combined in one document with the unexplained wealth order.

If an application for an unexplained wealth order in respect of any property is made without notice, an application for an interim freezing order in respect of the property must also be made without notice.

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.