Part 4

Confiscation: Northern Ireland

Management receivers

Powers
197
1
If the court appoints a receiver under section 196 it may act under this section on the application of the person who applied for the restraint order.
2
The court may by order confer on the receiver the following powers in relation to any realisable property to which the restraint order applies—
a
power to take possession of the property;
b
power to manage or otherwise deal with the property;
c
power to start, carry on or defend any legal proceedings in respect of the property;
d
power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.
3
The court may by order confer on the receiver power to enter any premises in Northern Ireland and to do any of the following—
a
search for or inspect anything authorised by the court;
b
make or obtain a copy, photograph or other record of anything so authorised;
c
remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
4
The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
a
hold property;
b
enter into contracts;
c
sue and be sued;
d
employ agents;
e
execute powers of attorney, deeds or other instruments;
f
take any other steps the court thinks appropriate.
5
The court may order any person who has possession of realisable property to which the restraint order applies to give possession of it to the receiver.
6
The court—
a
may order a person holding an interest in realisable property to which the restraint order applies to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
b
may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
7
Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
a
section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
b
section 78 of the Criminal Justice Act 1988 (c. 33);
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
d
section 27 of the Drug Trafficking Act 1994 (c. 37);
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
8
The court must not—
a
confer the power mentioned in subsection (2)(b) or (d) in respect of property, or
b
exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
8A
Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
a
is perishable; or
b
ought to be disposed of before its value diminishes.
9
The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
10
Managing or otherwise dealing with property includes—
a
selling the property or any part of it or interest in it;
b
carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
c
incurring capital expenditure in respect of the property.
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
S. 197(8A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 82(3), 94(1); S.I. 2008/755, art. 17(1)(h) (with art. 17(3))
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
S. 197 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
S. 197(6) excluded (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 12(3)
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)