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Prevention of Terrorism (Temporary Provisions) Act 1989

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This is the original version (as it was originally enacted).

Expenses incurred in connection with the forfeiture

32(1)Where any money or other property would, apart from this paragraph, fall to be dealt with in accordance with paragraph 31(3) above, the relevant officer may—

(a)deduct from that money any allowable forfeiture expenses; or

(b)retain so much of that property as he considers necessary for the purpose of realising it and deducting any such expenses from the proceeds of realisation;

and paragraph 31(3) above shall apply only in relation to any balance remaining after making provision for those expenses.

(2)If any money or other property is delivered up in pursuance of paragraph 31(3) above and provision has not been made for any allowable forfeiture expenses, then—

(a)the person who incurred them shall have a claim to their value in the insolvency proceedings; and

(b)the expenses in question shall be treated for the purposes of the insolvency proceedings as if they were expenses of those proceedings.

(3)In this paragraph “allowable forfeiture expenses”—

(a)means any expenses incurred in relation to property subject to the forfeiture order—

(i)by the relevant officer;

(ii)by any receiver, administrator or other person appointed by the relevant officer; or

(iii)by any person appointed or directed to deal with any property by an order under paragraph 11(1) above; and

(b)includes any amount paid, or required to be paid, under paragraph 1(1)(d), 11(1)(c) or 21(1)(d) above.

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