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The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

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Application of sums received by the Director of the Agency

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36.—(1) This article applies if the Director of the Agency receives sums on account of the amount payable under a registered external order or the value of the property specified in the order.

(2) The Director’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 paragraph by virtue of article 3, but

(b)are not already paid under article 35(2)(a).

(4) He must next apply them—

(a)first, in payment of the remuneration and expenses of a receiver appointed under article 15, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under article 16(2)(d);

(b)second, in payment of the remuneration and expenses of the receiver appointed under article 30.

(5) Paragraph (4) does not apply if the receiver is a member of the staff of the Agency or a person providing services under arrangements made by the Director.

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