Part 2 E+WConfiscation: England and Wales

Application of sumsE+W

54 Enforcement receiversE+W

(1)This section applies to sums which are in the hands of a receiver appointed under section 50 if they are—

(a)the proceeds of the realisation of property under section 51;

(b)sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.

(2)The sums must be applied as follows—

(a)first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

(b)second, they must be applied in making any payments directed by the Crown Court;

(c)third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.

(3)If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—

(a)among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and

(b)in such proportions as it directs.

(4)Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.

(5)For the purposes of subsections (3) and (4) the property concerned is—

(a)the property represented by the proceeds mentioned in subsection (1)(a);

(b)the sums mentioned in subsection (1)(b).

(6)The receiver applies sums as mentioned in subsection (2)(c) by paying them to the appropriate [F1designated officer] on account of the amount payable under the order.

(7)The appropriate [F1designated officer] is the one for the magistrates’ court responsible for enforcing the confiscation order as if the amount ordered to be paid were a fine.

55 Sums received by [F2designated officer]E+W

(1)This section applies if a [F2designated 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 [F3designated 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).

(4)If the [F2designated officer] received the sums under section 54 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 the receiver appointed under section 50.

(5)If a direction was made under section 13(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the [F2designated officer] must next apply the sums in payment of that amount.

(6)If any amount remains after the [F2designated officer] makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of [F4section 38 of the Courts Act 2003] (application of fines etc) as if it were a fine imposed by a magistrates’ court.

(7)Subsection (4) does not apply if the receiver is a member of the staff of the Crown Prosecution Service or of the Commissioners of Customs and Excise; and it is immaterial whether he is a permanent or temporary member or he is on secondment from elsewhere.

56 Director’s receiversE+W

(1)This section applies to sums which are in the hands of a receiver appointed under section 52 if they are—

(a)the proceeds of the realisation of property under section 53;

(b)sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.

(2)The sums must be applied as follows—

(a)first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

(b)second, they must be applied in making any payments directed by the Crown Court;

(c)third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order by being paid to the Director on account of the amount payable under it.

(3)If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—

(a)among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and

(b)in such proportions as it directs.

(4)Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.

(5)For the purposes of subsections (3) and (4) the property concerned is—

(a)the property represented by the proceeds mentioned in subsection (1)(a);

(b)the sums mentioned in subsection (1)(b).

57 Sums received by DirectorE+W

(1)This section applies if the Director receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 56 or otherwise).

(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 subsection by virtue of section 432, but

(b)are not already paid under section 56(2)(a).

(4)If the Director received the sums under section 56 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 the receiver appointed under section 52.

(5)If a direction was made under section 13(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the Director must next apply the sums in payment of that amount.

(6)Subsection (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.