C1C3C4Part 4Confiscation: Northern Ireland

Annotations:
Modifications etc. (not altering text)
C3

Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)

Management receivers

I1C3197C1C3 Powers

1

If the court appoints a receiver under section 196 it may act under this section on the application of the person who applied for the restraint order.

2

The court may by order confer on the receiver the following powers in relation to any realisable property to which the restraint order applies—

a

power to take possession of the property;

b

power to manage or otherwise deal with the property;

c

power to start, carry on or defend any legal proceedings in respect of the property;

d

power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.

3

The court may by order confer on the receiver power to enter any premises in Northern Ireland 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 which the restraint order applies to give possession of it to the receiver.

C26

The court—

a

may order a person holding an interest in realisable property to which the restraint order applies 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 (d) 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.

F18A

Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—

a

is perishable; or

b

ought to be disposed of before its value diminishes.

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.