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Proceeds of Crime Act 2002

Receivers: further provisions

Section 61: Protection

114.Section 61 protects receivers from liability for anything done by them to property which is not realisable property (as defined in section 83), unless they are negligent. It replicates earlier legislation and protects the receiver if he inadvertently deals with the property of third parties.

Section 62: Further applications

115.Section 62 relates to receivers appointed under section 48, 50 or 52. The section enables such receivers to apply to the Crown Court for directions as to the exercise of their powers. It also enables any person affected by any action taken or to be taken by such receivers to challenge the action in the Crown Court. The person affected may be the defendant, the recipient of a tainted gift from the defendant or some other person.

Section 63: Discharge and variation

116.Section 63 explains who may apply for the variation or discharge of a receivership order. It also indicates when the court has to discharge a management receivership order .

Section 64: Management receivers: discharge

117.Section 64 results from the new formal distinction in the Act between management and enforcement receivers. Its purpose is to ensure that any property in the hands of a management receiver is handed over to an enforcement receiver when appointed (except property realised for the management receiver’s remuneration and expenses).

Section 65: Appeal to Court of Appeal

118.This section provides rights of appeal to the Court of Appeal against decisions of the Crown Court relating to receivership matters. Like section 43, it is required because the general right of appeal which exists under earlier legislation against a decision of the High Court in a confiscation receivership matter does not apply to receivership decisions of the Crown Court under the Act.

Section 66: Appeal to House of Lords

119.This section provides a right of appeal to the House of Lords against a decision of the Court of Appeal under section 65. As with section 44, it is not possible for new parties to come forward at this stage. Only people who were already party to the proceedings at the Court of Appeal stage may appeal to the House of Lords.

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