Section 396M: Restrictions on proceedings and remedies

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

Part 8: Investigations — Chapter 3: Scotland

While an interim freezing order has effect the Court of Session may sist any action, execution or other legal process in respect of the property to which the order applies.

If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that an interim freezing order has been applied for or made in respect of the property, it may—

sist the proceedings, or
allow them to continue on any terms it thinks fit.

Before exercising a power conferred by this section, the court must (as well as giving the parties to any proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.

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