Part 2Confiscation: England and Wales

Application of sums

54 Enforcement receivers

(1)

This section applies to sums which are in the hands of a receiver appointed under section 50 if they are—

(a)

the proceeds of the realisation of property under section 51;

(b)

sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.

(2)

The sums must be applied as follows—

(a)

first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

(b)

second, they must be applied in making any payments directed by the Crown Court;

(c)

third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.

(3)

If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—

(a)

among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and

(b)

in such proportions as it directs.

(4)

Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.

(5)

For the purposes of subsections (3) and (4) the property concerned is—

(a)

the property represented by the proceeds mentioned in subsection (1)(a);

(b)

the sums mentioned in subsection (1)(b).

(6)

The receiver applies sums as mentioned in subsection (2)(c) by paying them to the appropriate F1designated officer on account of the amount payable under the order.

(7)

The appropriate F1designated officer is the one for the magistrates’ court responsible for enforcing the confiscation order as if the amount ordered to be paid were a fine.

55 Sums received by F2designated officer

(1)

This section applies if a F2designated officer receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 54 or otherwise).

(2)

The F3designated officer's receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows.

(3)

First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as—

(a)

are payable under this subsection by virtue of section 432, but

(b)

are not already paid under section 54(2)(a).

(4)

If the F2designated officer received the sums under section 54 he must next apply them—

(a)

first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);

(b)

second, in payment of the remuneration and expenses of the receiver appointed under section 50.

(5)

If a direction was made under section 13(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the F2designated officer must next apply the sums in payment of that amount.

(6)

If any amount remains after the F2designated officer makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of F4section 38 of the Courts Act 2003 (application of fines etc) as if it were a fine imposed by a magistrates’ court.

F5(7)

Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

(8)

The following fall within this subsection—

(a)

a constable,

(b)

a person employed by a police authority in England and Wales under section 15 of the Police Act 1996 or a member of staff of the City of London police force,

(c)

an accredited financial investigator,

(d)

a member of staff of the Crown Prosecution Service,

(e)

a member of staff of the Serious Fraud Office,

(f)

a member of staff of the Revenue and Customs Prosecutions Office,

(g)

a member of staff of the Commissioners for Her Majesty's Revenue and Customs,

(h)

a member of staff of SOCA,

(i)

a member of staff of any government department not mentioned above.

(9)

It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

(10)

The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.

F656 Director’s receivers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F757 Sums received by Director

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .