Part 4Confiscation: Northern Ireland
Application of sums
202 Enforcement receivers
(1)
This section applies to sums which are in the hands of a receiver appointed under section 198 if they are—
(a)
the proceeds of the realisation of property under section 199;
(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 chief clerk on account of the amount payable under the order.
(7)
The appropriate chief clerk is the chief clerk of the court at the place where the confiscation order was made.
203 Sums received by chief clerk
(1)
This section applies if a chief clerk receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 202 or otherwise).
(2)
The chief clerk’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 202(2)(a).
(4)
If the chief clerk received the sums under section 202 he must next apply them—
(a)
first, in payment of the remuneration and expenses of a receiver appointed under section 196, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 197(2)(d);
(b)
second, in payment of the remuneration and expenses of the receiver appointed under section 198.
(5)
If a direction was made under section 163(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the chief clerk must next apply the sums in payment of that amount.
(6)
If any amount remains after the chief clerk makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of section 20 of the Administration of Justice Act (Northern Ireland) 1954 (c. 9 (N.I.)) (application of fines) as if it were a fine.
(7)
Subsection (4) does not apply if the receiver is a member of the staff of the Director of Public Prosecutions for Northern Ireland or of the Commissioners of Customs and Excise; and it is immaterial whether he is a permanent or temporary member or he is on secondment from elsewhere.
204 Director’s receivers
(1)
This section applies to sums which are in the hands of a receiver appointed under section 200 if they are—
(a)
the proceeds of the realisation of property under section 201;
(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 by being paid to the Director on account of the amount payable under it.
(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).
205 Sums received by Director
(1)
This section applies if the Director receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 204 or otherwise).
(2)
The Director’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 204(2)(a).
(4)
If the Director received the sums under section 204 he must next apply them—
(a)
first, in payment of the remuneration and expenses of a receiver appointed under section 196, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 197(2)(d);
(b)
second, in payment of the remuneration and expenses of the receiver appointed under section 200.
(5)
If a direction was made under section 163(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the Director must next apply the sums in payment of that amount.
(6)
Subsection (4) does not apply if the receiver is a member of the staff of the Agency or a person providing services under arrangements made by the Director.