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CHAPTER 5 Challenging and responding to an unexplained wealth order

Criminal Finances Act 2017

Page 41 CHAPTER 5 Challenging and responding to an unexplained wealth order Introduction 5.1 Curiously, the legislation does not contain express provisions for the variation and discharge of a UWO made in England and Wales and Scotland. 1 There are instead express provisions for the variation and discharge of IFOs. Section III of the Practice Direction applicable to Civil Recovery Proceedings, amended in March 2018, however, sets out the process for applying to discharge or vary a UWO. Paragraph 12.1A of Section III of the Practice Direction provides for applications to vary and discharge by the appropriate officer of the enforcement authority or any person affected by the order.

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