Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Scotland: Court of Session civil recovery under POCA 2002 Pt 5 Ch 2—procedure, PPOs, interim administration, receivers, recoverable property, £10,000 threshold and investigatory orders

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Practice notes

This Practice Note summarises the Scottish route to securing a civil recovery order in the Court of Session, pursuant to Part 5, Chapter 2 of the Proceeds of Crime Act 2002 (POCA 2002). It does not address the Sheriff Court civil recovery processes. For guidance on the corresponding England and Wales position, see Practice Notes: Civil recovery orders under the Proceeds of Crime Act 2002 and Civil recovery under POCA 2002—procedure.

Statutory framework

Under POCA 2002, Part 5, Enforcement bodies may commence civil proceedings to recover property, cash, or—following the provisions commencing in November 2024 via Schedule 9 to the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023)—a cryptoasset derived from, or intended for use in, unlawful conduct. See our E&W Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002. This Practice Note concerns Court of Session civil recovery proceedings under POCA 2002, Pt 5, Ch 2. Proceedings under POCA 2002, Chs 3, 3A and 3F proceed in the sheriff court and fall outside this note. Broadly stated, there is no overlap with matters allocated to the sheriff court under Chapters 3, 3A and 3F, and those elements are expressly entirely outside the scope of this Practice Note...

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Web page updated on 21/05/2026

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