Serious Organised Crime and Police Act 2005

99Civil recovery: interim receivers' expenses etc.

This adran has no associated Nodiadau Esboniadol

(1)The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)In section 280 (civil recovery orders: applying realised proceeds), after subsection (2) insert—

(3)The Director may apply a sum received by him under subsection (2) in making payment of the remuneration and expenses of—

(a)the trustee, or

(b)any interim receiver appointed in, or in anticipation of, the proceedings for the recovery order.

(4)Subsection (3)(a) does not apply in relation to the remuneration of the trustee if the trustee is a member of the staff of the Agency.

(3)In section 284 (payment of interim administrator or trustee (Scotland))—

(a)the existing words become subsection (1), and

(b)after that subsection insert—

(2)The Scottish Ministers may apply a sum received by them under section 280(2) in making payment of such fees or expenses.

(3)Subsection (2) does not apply in relation to the fees of a trustee for civil recovery if the trustee is a member of their staff.

(4)In paragraph 5 of Schedule 1 (finances of the Assets Recovery Agency), after sub-paragraph (1) (paragraph (b) of which provides for the expenses of the Director and staff of the Agency to be paid out of money provided by Parliament) insert—

(1A)Sub-paragraph (1)(b) has effect subject to anything in this Act.