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

Powers of enforcement administrators in respect of monetary external orders

74.—(1) If the court appoints an administrator under article 73, it may act under this article on the application of the Lord Advocate where the external order is for the recovery of a specified sum of money.

(2) The court may confer on the administrator the following powers in relation to any realisable property—

(a) power to take possession of the property;

(b) power to manage or otherwise deal with the property;

(c) power to realise the property in such manner as the court may specify.

(3) The court may order any person who has possession of realisable property to give possession of it to the administrator.

(4) The clerk of court must notify the offender and any person subject to an order under paragraph (3) of the making of that order.

(5) Any dealing of the offender or any such persons in relation to property to which the order applies is of no effect in a question with the administrator unless the offender or, as the case may be, that person had no knowledge of the administrator’s appointment.

(6) The court—

(a) may order a person holding an interest in realisable property to make to the administrator such payment as the court specifies in respect of a beneficial interest held by the offender or the recipient of a tainted gift;

(b) may (on payment being made) by order transfer, grant or extinguish any interest in the property.

(7) The court must not—

(a) confer the power mentioned in paragraph (2)(b) or (c) in respect of the property, or

(b) exercise the power conferred on it by paragraph (6) in respect of the property,

unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.

(8) Managing or otherwise dealing with property includes—

(a) selling the property or any part of it or interest in it;

(b) carrying on or arranging for another person to carry on any trade or business the assets of which are part of the property;

(c) incurring capital expenditure in respect of the property.

(9) The court may order that a power conferred by an order under this article is subject to such conditions and exceptions as it specifies.

(10) Paragraph (2) does not apply to property for the time being subject to a charge under—

(a) section 9 of the Drug Trafficking Offences Act 1986;

(b) section 78 of the Criminal Justice Act 1988;

(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990;

(d) section 27 of the Drug Trafficking Act 1994;

(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996.