45ACessation of restraining orders relating to unexplained wealth

45A Cessation of restraining orders relating to unexplained wealth

Restraining orders made before application for unexplained wealth order (1) A *restraining order made under section 20A ceases to be in force if: (a) no application for an *unexplained wealth order had been made in relation to the *suspect to whom the restraining order relates before the restraining order was made; and (b) no such application has been made in relation to the suspect within 28 days after the restraining order was made. (2) A *restraining order made under section 20A ceases to be in force if: (a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and (b) the application is made within 28 days after the making of the restraining order; and (c) the court refuses to make either: (i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or (ii) the unexplained wealth order itself; and (d) one of the following applies: (i) the time for an appeal against the refusal has expired without an appeal being lodged; (ii) an appeal against the refusal has lapsed; (iii) an appeal against the refusal has been dismissed and finally disposed of. (3) A *restraining order made under section 20A ceases to be in force if: (a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and (b) the application is made within 28 days after the making of the restraining order; and (c) the court makes the unexplained wealth order; and (d) either: (i) the unexplained wealth order is complied with; or (ii) an appeal against the unexplained wealth order has been upheld and finally disposed of. Restraining orders made after application for unexplained wealth order (3A) A *restraining order made under section 20A ceases to be in force if: (a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and (b) the court refuses to make either: (i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or (ii) the unexplained wealth order itself; and (c) one of the following applies: (i) the time for an appeal against the refusal has expired without an appeal being lodged; (ii) an appeal against the refusal has lapsed; (iii) an appeal against the refusal has been dismissed and finally disposed of. (3B) A *restraining order made under section 20A ceases to be in force if: (a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and (b) the court makes the unexplained wealth order (whether before or after the restraining order was made or applied for); and (c) either: (i) the unexplained wealth order is complied with; or (ii) an appeal against the unexplained wealth order has been upheld and finally disposed of. Court may make costs order if restraining order ceases (4) If a *restraining order ceases under subsection (1), (2) or (3A), the court may, on application by a person with an *interest in the property covered by the restraining order, make any order as to costs it considers appropriate, including costs on an indemnity basis.