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Criminal Justice (Scotland) Act 1987

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Changes over time for: Section 16

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Version Superseded: 31/03/1996

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16 Application of proceeds of realisation and other sums.S

(1)Subject to subsection (2) below, sums in the hands of an administrator which are—

(a)proceeds of a realisation of property under section 13 of this Act, and

(b)other property held by the person in respect of whom the confiscation order was made,

shall first be applied in payment of such expenses as are payable under section 37(2) of this Act and then shall, after such payments (if any) as the Court of Session may direct have been made out of those proceeds and sums, be applied on the person’s behalf towards the satisfaction of the confiscation order.

(2)If, after the amount payable under the confiscation order has been fully paid, any such proceeds and sums remain in the hands of the administrator, he shall distribute them—

(a)among such of those who held property which has been realised under this Act and

(b)in such proportions,

as the Court of Session may, after giving such persons an opportunity to be heard as regards the matter, direct.

(3)The receipt of any sum by a sheriff clerk on account of an amount payable under a confiscation order shall reduce the amount so payable, but the [F1sheriff clerk shall apply the money received—

(a)first, in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act but which were not paid to him under subsection (1) above;

(b)next, in payment of the administrator’s remuneration and expenses;

(c)next,]in reimbursement of any sums paid by the Lord Advocate under section 20(2) of this Act,

and the balance shall be payable and recoverable (or as the case may be disposed of) under section 203 of the M11975 Act (fines payable to H.M. Exchequer) as applied by section 7 of this Act.

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