C2C1C3C5C4C6C7Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C6

Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

Application of sums

I1C2C155C2C1 Sums received by F1designated officer

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) F9 or 67D(2)(a) .

4

If the F1designated officer received the sums under section 54 F10 or 67D 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 F11any receiver appointed under section 50.

F12c

third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 67B.

5

If a direction was made under section 13(6) for F13an amount payable under a priority order (or orders) 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.

F47

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,

F5aa

a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),

ab

a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act),

ac

a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act),

b

F6... a member of staff of the City of London police force,

c

an accredited financial investigator,

d

a member of staff of the Crown Prosecution Service,

e

a member of staff of the Serious Fraud Office,

F8f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

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

F7h

a National Crime Agency officer,

i

a member of staff of any government department not mentioned above.

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.