Criminal Justice Act 1994 & Proceeds of Crime Act 1996

  1. Registration of restraint orders under section 25 of the Criminal Justice Act 1994
  2. Registration of interim orders and interlocutory orders under the Proceeds of Crime Act, 1996
  3. Variation of Order
  4. Discharge or lapsing of Order
  5. Disposal Order under section 4
  6. Appointment of Receiver with power of disposition

1. Registration of restraint orders under section 25 of the Criminal Justice Act 1994

Where a person has been sentenced by a court in respect of a drug trafficking offence of which he has been convicted and has benefited from the drug trafficking the Court may on the application of the Director of Public Prosecutions determine the amount to be recovered and may make a confiscation order requiring the person concerned to pay that amount.

The confiscation order may be enforced as if it was an order of the High Court and the High Court may prohibit any person from dealing with any realisable property by means of a restraint order.

Where a restraint order is made the Registrar of the High Court will furnish the Property Registration Authority with notice of the order pursuant to section 25 of that Act and thereupon an entry is to be made in the register under the Registration of Title Act 1964 inhibiting, until such time as the order is discharged, any dealing with any registered land or charge which appears to be affected by the order (as in the case of bankruptcy under section 103 of the Registration of Title Act 1964). (Section 103(4) as amended by the Land and Conveyancing Law Reform Act 2009 by the deletion of “or in the case of settled land, as assignees of the registered owner”). Where the order is varied or discharged, the Registrar of the High Court will furnish the Authority with notice to that effect and then the entry of notice of the restraint order is to be cancelled.

2. Registration of interim orders and interlocutory orders under the Proceeds of Crime Act, 1996

Section 10(1) of the Proceeds of Crime Act 1996 provides that where an interim order under section 2 or an interlocutory order under section 3 of the above Act is made, the Registrar of the High Court shall, in the case of registered land, furnish the Authority with notice of the order and the Authority shall thereupon cause an entry to be made in the appropriate register under the Registration of Title Act, 1964, inhibiting, until such time as the order is varied, discharged or lapses so as to exclude the registered land or any charge thereon from the application of the order, any dealing with any registered land or charge which appears to be affected by the order.

Notice in the form of a letter from the Registrar of the Court setting out the title to the case identifying the relevant folio numbers of the property affected should be lodged. An office copy of the order need not be lodged.

The function of the Authority is to register the inhibition on the folio(s) quoted in the Notice from the Court.

Registration of the inhibition is to be effected even if the registered owner is not the person named in the proceedings. No fee is chargeable.

The following registration is to be effected on Part 2 of the folio.

“Pursuant to Notice of High Court Order dated the …. (ref) under section 10 of the Proceeds of Crime Act 1996, all dealings with the property herein are inhibited until such time as it is ordered by the Court that the said order is varied, discharged or has lapsed.”

3. Variation of Order

Section 10(2) of the Proceeds of Crime Act, 1996 provides that where notice of an order has been given under section 10(1) and the order is varied in relation to registered land, the Registrar of the Court shall furnish the Authority with notice to that effect and the Authority shall thereupon cause the entry made under subsection (1) of section 10 to be varied to that effect. The variation shall be effected by the cancellation of the original notice and the registration of a new entry in the terms of the notice furnished.

Notice in the form of a letter from the Registrar of the High Court setting out the title to the case, identifying the relevant folio numbers of the property affected, and setting out clearly the variation to be effected should be lodged.

An office copy of the order need not be lodged. No fee is chargeable.

4. Discharge or Lapsing of Order

Section 10 (3) of the Proceeds of Crime Act, 1996 provides that where notice of an Order has been given under section 10(1) and the order is discharged or lapses, in relation to registered land, the Registrar of the High Court shall furnish the Authority with notice to that effect and the Authority shall thereupon cause the entry to be cancelled under subsection 10(1) of the Proceeds of Crime Act 1996.

Notice in the form of a letter from the Registrar of the High Court setting out the title to the case, identifying the relevant entry or entries and folio number(s) and directing cancellation of the section 10(1) inhibition should be lodged.

An office copy of the order need not be lodged. No fee is chargeable.

5. Disposal Order under Section 4

Section 4(1) of the Proceeds of Crime Act, 1996 provides that where an interlocutory order under section 3 of the Act has been in force for not less than 7 years in relation to specified property the High Court may make a disposal order directing that the whole or, if appropriate , a specified part of the property be transferred, subject to such terms and conditions as the court may specify, to the Minister for Finance or to such other person as the High Court may determine.

Section 4(4) provides that a disposal order shall operate to deprive the respondent of his or her rights (if any) in or to the property to which it relates and, upon the making of the order, the property shall stand transferred to the Minister or other person to whom it relates.

On lodgment of a transfer for sale by a person appointed as Receiver with authority to sell the property under section 4(1) of the Proceeds of Crime Act, 1996 the registration directed is to be effected on lodgment of an office copy of the Order appointing the Receiver.

Pursuant to Rule 95 of the Land Registration Rules 2012, the registration is to be effected on lodgment of an office copy of the order.

6. Appointment of Receiver with power of disposition

Section 7 of the Proceeds of Crime Act 1996 provides that where an interim order under Section 2 or an interlocutory order under section 3 of the above Act is in force the High Court may at any time appoint a Receiver to

  1. take possession of any property to which the order relates
  2. in accordance with the Court’s directions to inter alia dispose of or otherwise deal with any property in respect of which he or she is appointed.

subject to such exceptions and conditions (if any) as may be specified by the Court.

On lodgment of a transfer for sale by a person appointed as Receiver with authority to sell the property under section 7 of the Proceeds of Crime Act, 1996 the registration directed is to be effected on lodgment of an office copy of the Order appointing the Receiver.

________________________
John Deeney
Deputy Registrar,
Property Registration Authority
Dated the 30 November 2009
Updated 01 February 2013