Modifications etc. (not altering text)
C1Pt. 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.)
C2Pt. 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.)
C3Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
(1)This section applies if a [F1designated officer] receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 54 or otherwise).
(2)The [F2designated officer'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 54(2)(a).
(4)If the [F1designated officer] received the sums under section 54 he must next apply them—
(a)first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);
(b)second, in payment of the remuneration and expenses of the receiver appointed under section 50.
(5)If a direction was made under section 13(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the [F1designated officer] must next apply the sums in payment of that amount.
(6)If any amount remains after the [F1designated officer] makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of [F3section 38 of the Courts Act 2003] (application of fines etc) as if it were a fine imposed by a magistrates’ court.
(7)Subsection (4) does not apply if the receiver is a member of the staff of the Crown Prosecution Service 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.
Textual Amendments
F1Words in s. 55 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 408(1)(2); S.I. 2005/910, art. 3(y)
F2Words in s. 55(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 408(1)(3); S.I. 2005/910, art. 3(y)
F3Words in s. 55(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 408(1)(4); S.I. 2005/910, art. 3(y)
Commencement Information
I1S. 55 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.