Proceeds of Crime Act 2002, section 245B

Variation and setting aside of order

Part 5 Civil recovery of the proceeds etc. of unlawful conduct

(1)The court may at any time vary or set aside a property freezing order.

(2)If the court makes an interim receiving order that applies to all of the property to which a property freezing order applies, it must set aside the property freezing order.

(3)If the court makes an interim receiving order that applies to some but not all of the property to which a property freezing order applies, it must vary the property freezing order so as to exclude any property to which the interim receiving order applies.

(4)If the court decides that any property to which a property freezing order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property.

(5)Before exercising power under this Chapter to vary or set aside a property freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.

(6)Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).

Definitions used in section 245B 5

the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

“the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A , 3B, 3C, 3D, 3E and 3F ) means the High Court or (in relation to proceedings in Scotland) the Court of Session,

Defined in s.316(1) · see it in the full Act
property freezing order

“property freezing order” has the meaning given by section 245A(2);

Defined in s.316(1) · see it in the full Act
interim receiving order

“interim receiving order” has the meaning given by section 246(2),

Defined in s.316(1) · see it in the full Act
recoverable property

“recoverable property” is to be read in accordance with sections 304 to 310,

Defined in s.316(1) · see it in the full Act
associated property

“associated property” (in Chapter 2) has the meaning given by section 245,

Defined in s.316(1) · see it in the full Act

Cases considering section 245B 7

Serious Organised Crime Agency v O'Docherty (aka Mark Eric Gibbons) & Anor

[2013] EWCA Civ 518 · 16 May 2013

The court recognised the discretionary power to vary or set aside a property freezing order at any time. Its exercise in this case was governed by the mandatory consequence in section 245B(4). (see paras [38]; [43]) Where the court decides that property subject to a freezing order is neither recoverable nor associated property, variation to exclude it is mandatory. Once the property had vested and ceased to be recoverable, exclusion from the existing order was justified. (see paras [38]-[44]) An application to vary, rather than obtain a fresh property freezing order, should have been made on notice. The court nevertheless held that the challenge to the earlier variation was far too late. (see paras [8]; [46])

National Crime Agency v Chameleon Capital Holdings Ltd & Ors

[2026] EWHC 1745 (Admin) · 15 July 2026

Confirms a statutory opportunity to be heard for a person who may be affected before the court varies or discharges a property freezing order. That protection supported refusal of joinder and prospective notice. (see paras [24(iv)], [27])

National Crime Agency v Leahy & Ors

[2020] EWHC 1242 (QB) · 18 May 2020Interprets

Confers a general discretion to vary or set aside a property freezing order. The court assessed the application on a balance-of-convenience basis and refused to discharge or reduce the order. (see paras [6], [11]-[23], [25])

What each judgment says about section 245B is in the case-law panel in the full Act.