C8C7C6C3C5C1C2C4Part 4Confiscation: Northern Ireland

Annotations:
Modifications etc. (not altering text)
C7

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.)

F1Seized money F3and personal propertyF1Enforcement: money, cryptoassets and personal property

Annotations:
Amendments (Textual)
F1

S. 215 cross-heading substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 52

F3

Words in s. 215 cross-heading inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 60(3), 116(1); S.I. 2016/147, art. 3(c)

215DF4Proceeds 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 F2215ZA or 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).