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The Proceeds of Crime (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Receivers: supplementary provisions

40.—(1) Where a receiver appointed under Article 31 or 34 or in pursuance of a charging order—

(a)takes any action in relation to any property which is not realisable property, being action which he would be entitled to take if it were such property; and

(b)believes, and has reasonable grounds for believing, that he is entitled to take that action in relation to that property,

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

(2) Any amount due in respect of the remuneration and expenses of a receiver so appointed shall, if no sum is available to be applied in payment of it under Article 35(6), be paid by the prosecution or, in a case where proceedings for an offence to which this Order applies are not instituted, by the person on whose application the receiver was appointed.

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