Commentary on Sections Part 5: Civil Recovery of the Proceeds etc. of Unlawful Conduct Schedule 7: Powers of trustee for civil recovery Section 276: Consent orders
370.This section gives the parties to civil recovery proceedings the power to settle the proceedings at any time after the claim form, or in Scotland the application, has been issued and served. Under subsection (1), the court will have the power to make an order to stay – or in Scotland sist – the proceedings on terms agreed by all the parties concerned.
371.Such an order may provide for the property to which it applies to cease to be recoverable, or make any further provision which the court thinks appropriate (subsection (2)). Subsection (3) provides that where property vests in, or money is paid to, the trustee for civil recovery under this section, the provisions of section 280 apply as though a recovery order had been made.