C1C2Part 4Confiscation: Northern Ireland

Annotations:
Modifications etc. (not altering text)
C2

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.)

Director’s receivers

I1C2200C1C2 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 184.

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 198 does not apply.