Part 5

Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2

Civil recovery in the High Court or Court of Session

Vesting and realisation of recoverable property

Applying realised proceeds
280
1
This section applies to—
a
sums which represent the realised proceeds of property which was vested in the trustee for civil recovery by a recovery order or which he obtained in pursuance of a recovery order,
b
sums vested in the trustee by a recovery order or obtained by him in pursuance of a recovery order.
2
The trustee is to make out of the sums—
a
first, any payment required to be made by him by virtue of section 272,
aa
next, any payment of legal expenses which, after giving effect to section 266(8B), are payable under this subsection in pursuance of provision under section 266(8A) contained in the recovery order,
b
then, any payment of expenses incurred by a person acting as an insolvency practitioner which are payable under this subsection by virtue of section 432(10),
and any sum which remains is to be paid to the enforcement authority.
3
The
enforcement authority (unless it is the Scottish Ministers)
may apply a sum received by
it
under subsection (2) in making payment of the remuneration and expenses of—
a
the trustee, or
b
any interim receiver appointed in, or in anticipation of, the proceedings for the recovery order.
4
Subsection (3)(a) does not apply in relation to the remuneration of the trustee if the trustee is a member of the staff of the
enforcement authority concerned
(but it does apply in relation to such remuneration if the trustee is a person providing services under arrangements made by that enforcement authority)
.
S. 280 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
S. 280(3)(4) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 99(2), 178(7)(a); S.I. 2005/1521, art. 2(1)(b)
S. 280(2)(aa) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 18(a); S.I. 2005/3136, art. 3(c)
Word in s. 280(2)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 6 para. 18(b); S.I. 2005/3136, art. 3(c)
Words in s. 280(3) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 88(2)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
Word in s. 280(3) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 88(2)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
Words in s. 280(4) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 88(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
Words in s. 280(4) inserted (1.4.2008) by Serious Crime Act 2007 (Amendment of the Proceeds of Crime Act 2002) Order 2008 (S.I. 2008/949), arts. 1, 2