Part 2

Confiscation: England and Wales

Application of sums

Enforcement receivers
54
1
This section applies to sums which are in the hands of a receiver appointed under section 50 if they are—
a
the proceeds of the realisation of property under section 51;
b
sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.
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 Crown Court;
c
third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.
3
If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—
a
among such persons who held (or hold) interests in the property concerned as 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 concerned a reasonable opportunity to make representations to it.
5
For the purposes of subsections (3) and (4) the property concerned is—
a
the property represented by the proceeds mentioned in subsection (1)(a);
b
the sums mentioned in subsection (1)(b).
6
The receiver applies sums as mentioned in subsection (2)(c) by paying them to the appropriate justices' chief executive on account of the amount payable under the order.
7
The appropriate justices' chief executive is the one for the magistrates' court responsible for enforcing the confiscation order as if the amount ordered to be paid were a fine.