Proceeds of Crime Act 2002

[F1 215D Proceeds of realisation N.I.

(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 215A.

(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 Crown Court;

(c) third, they must be paid to the appropriate chief clerk 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 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 190A, and

• “appropriate chief clerk” has the same meaning as in section 202(7).]

Textual Amendments

F1 Ss. 215A-215D inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 60(2), 116(1); S.I. 2016/147, art. 3(c)