C1C2C3C5C4Part 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.)

Application of sums

I1C2203C2 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) F3or 215D(2)(a) .

4

If the chief clerk received the sums under section 202 F4or 215D 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 F6any receiver appointed under section 198.

F5c

third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 215B.

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.

F17

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 member of staff of the Northern Ireland Policing Board,

c

an accredited financial investigator,

d

a member of staff of the Public Prosecution Service for Northern Ireland,

e

a member of staff of the Serious Fraud Office,

f

a member of staff of a Northern Ireland department,

g

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

F2h

a National Crime Agency officer.

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.