(1)An interim receiving order must, subject to any exclusions made in accordance with this section, prohibit any person to whose property the order applies from dealing with the property.
(2)Exclusions may be made when the interim receiving order is made or on an application to vary the order.
(3)An exclusion may, in particular, make provision for the purpose of enabling any person—
(a)to meet his reasonable living expenses, or
(b)to carry on any trade, business, profession or occupation,
and may be made subject to conditions.
[F815 (4)Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion—
(a)is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs,
(b)specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and
(c)is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (3).
(4A)The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part—
(a)must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and
(b)must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be [F816 made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded byF816] [F817 the Department of JusticeF817] .F815]
(5)If the excluded property is not specified in the order it must be described in the order in general terms.
(6)The power to make exclusions must [F818, subject to subsection (4A),F818] 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.
320.Subsection (1) provides that the interim receiving order must prevent any dealing with the property to which it applies, subject to any exclusions which may be made under the rest of the section. This is to prevent the property being dissipated pending a resolution of the civil recovery case. ‘Dealing’ is explained in section 316(1) as including disposing of the property, taking possession of it or removing it from the United Kingdom. A person who has notice of the order and contravenes it will be liable to be proceeded against for contempt of court.
321.Subsection (2) states that exclusions may be made either when the order is made or, later, by variation. Subsection (3) states that an exclusion may in particular provide for property to be used for meeting any person’s reasonable living expenses or to carry on a trade, business, profession or occupation. Living expenses would be likely to include the living expenses of dependants. But the court’s discretion to release property is limited by subsections (4) (no release of property to meet legal expenses arising from civil recovery) and (6) (the court must ensure that the Director’s “right to recover” the property (defined at section 316(8)) is not be unduly prejudiced). Persons involved in civil recovery proceedings will be able to apply to the Community Legal Service scheme, or the Legal Aid scheme which applies in Northern Ireland, for their legal costs, or of course to use any unfrozen assets they may have available, so there will be no need for them to draw from the property subject to the order.