PART 33CONFISCATION AND RELATED PROCEEDINGS

RECEIVERSHIP PROCEEDINGS

Sums in the hands of receiversI133.59

1

This rule applies where the amount payable under a confiscation order has been fully paid and any sums remain in the hands of an enforcement receiver.

2

The receiver must make an application to the Crown Court for directions as to the distribution of the sums in his hands.

3

The application and any evidence which the receiver intends to rely on in support of the application must be served on—

a

the defendant; and

b

any other person who held (or holds) interests in any property realised by the receiver,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

4

If any of the provisions listed in paragraph (5) (provisions as to the vesting of funds in a trustee in bankruptcy) apply, then the Crown Court must make a declaration to that effect.

5

These are the provisions—

a

F1section 82 of the Bankruptcy (Scotland) Act 2016;

b

section 306B of the Insolvency Act 1986804; and

c

article 279B of the Insolvency (Northern Ireland) Order 1989805.