C3C5C4C2Part 2Confiscation: England and Wales
Pt. 2 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Director’s receivers
I1C4C252C4C2 Appointment
1
This section applies if—
a
a confiscation order is made, and
b
the Director is appointed as the enforcement authority for the order under section 34.
2
But this section does not apply if—
a
the confiscation order was made by the Court of Appeal, and
b
when the Crown Court comes to proceed under this section the confiscation order has been satisfied.
3
If this section applies the Crown Court must make an order for the appointment of a receiver in respect of realisable property.
4
An order under subsection (3)—
a
must confer power on the Director to nominate the person who is to be the receiver, and
b
takes effect when the Director nominates that person.
5
The Director must not nominate a person under subsection (4) unless at the time he does so the confiscation order—
a
is not satisfied, and
b
is not subject to appeal.
6
A person nominated to be the receiver under subsection (4) may be—
a
a member of the staff of the Agency;
b
a person providing services under arrangements made by the Director.
7
If this section applies section 50 does not apply.
I2C4C253C4C2 Powers
1
If the court makes an order for the appointment of a receiver under section 52 it may act under this section on the application of the Director.
2
The court may by order confer on the receiver the following powers in relation to the realisable property—
a
power to take possession of the property;
b
power to manage or otherwise deal with the property;
c
power to realise the property, in such manner as the court may specify;
d
power to start, carry on or defend any legal proceedings in respect of the property.
3
The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following—
a
search for or inspect anything authorised by the court;
b
make or obtain a copy, photograph or other record of anything so authorised;
c
remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
4
The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
a
hold property;
b
enter into contracts;
c
sue and be sued;
d
employ agents;
e
execute powers of attorney, deeds or other instruments;
f
take any other steps the court thinks appropriate.
5
The court may order any person who has possession of realisable property to give possession of it to the receiver.
C16
The court—
a
may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
b
may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
7
Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
a
section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
b
section 78 of the Criminal Justice Act 1988 (c. 33);
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
d
section 27 of the Drug Trafficking Act 1994 (c. 37);
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
8
The court must not—
a
confer the power mentioned in subsection (2)(b) or (c) in respect of property, or
b
exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
9
The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
10
Managing or otherwise dealing with property includes—
a
selling the property or any part of it or interest in it;
b
carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
c
incurring capital expenditure in respect of the property.
Pt. 2 applied by 1984 c. 60, s. 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch.)