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Proceeds of Crime Act 2002

Realisation of property: general

Section 128: Enforcement administrators

200.Where a confiscation order has been made, section 128 empowers the court, on the application of the prosecutor, to appoint an administrator to assist the enforcement of the confiscation order. This person may be the same as the administrator appointed under section 128 or not, as the case may be. Section 128 also sets out the powers that the court can confer on an administrator so appointed (for example, the power to seize and sell property).

Section 129: Management administrators: discharge

201.Section 129 makes provision for the discharge of an administrator appointed at the restraint stage in cases where a new administrator is appointed after a confiscation order has been made. It enables the transfer of property from the first administrator to the new administrator.

Section 130: Application of sums by enforcement administrator

202.Section 130 specifies how any sums in the hands of an enforcement administrator are to be disposed of. Where a confiscation order is made, the sums are payable, subject to certain prior payments, to the clerk of court.

Section 131: Sums received by clerk of court

203.Section 131 sets out how the clerk of court must dispose of any monies received in satisfaction of a confiscation order, whether from an administrator appointed under section 127 or otherwise (for example, voluntary payments by an accused). An administrator’s remuneration and expenses will normally be paid out of the sums raised by the confiscation order.

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