67ASeized personal property

1

This section applies to personal property which is held by a person and which—

a

has been seized by an appropriate officer under a relevant seizure power, or

b

has been produced to an appropriate officer in compliance with a production order under section 345.

2

This section applies if the following conditions are satisfied—

a

a confiscation order is made against the person by whom the property is held;

b

a receiver has not been appointed under section 50 in relation to the property;

c

any period allowed under section 11 for payment of the amount ordered to be paid under the confiscation order has ended.

3

In such a case a magistrates’ court may by order authorise an appropriate officer to realise the property.

4

In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 41A.

67BCosts of storage and realisation

1

This section applies if a magistrates’ court makes an order under section 67A.

2

The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—

a

storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;

b

realising the property.

3

If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 55(4).

4

A determination under this section may be made on the same occasion as the section 67A order or on any later occasion; and more than one determination may be made in relation to any case.

5

In this section “appropriate officer” has the same meaning as in section 41A.

67CSections 67A and 67B: appeals

1

If a magistrates’ court decides not to make an order under section 67A, an appropriate officer may appeal to the Crown Court.

2

If a magistrates’ court makes an order under section 67A, a person affected by the order may appeal to the Crown Court.

3

But the person mentioned in section 67A(2)(a) may not appeal.

4

An appropriate officer may appeal to the Crown Court against—

a

a determination made by a magistrates’ court under section 67B;

b

a decision by a magistrates’ court not to make a determination under that section.

5

In this section “appropriate officer” has the same meaning as in section 41A.

67DProceeds of realisation

1

This section applies to sums which—

a

are in the hands of an appropriate officer, and

b

are the proceeds of the realisation of property under section 67A.

2

The sums must be applied as follows—

a

first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

b

second, they must be applied in making any payments directed by the magistrates’ court or the Crown Court;

c

third, they must be paid to the appropriate designated officer on account of the amount payable under the confiscation order.

3

If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer’s hands, the appropriate officer must distribute them—

a

among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates’ court or the Crown Court directs, and

b

in such proportions as it directs.

4

Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.

5

If the magistrates’ court has made a direction under subsection (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.

6

In this section—

• “appropriate officer” has the same meaning as in section 41A;

• “appropriate designated officer” means the designated officer for the magistrates’ court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine.