# The Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991, Paragraph 82: Exercise of powers by High Court or receiver


(1) This section applies to the powers conferred on the High Court by sections 77 to 81 above or on a receiver appointed under this Part of this Act or in pursuance of a charging order.
(2) Subject to the following provisions of this section, the powers shall be exercised with a view to recovering property which is liable to be recovered under an external confiscation order registered in the High Court under section 97 below or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any external confiscation order which may be made in the defendant’s case.
(3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Part of this Act the powers shall be exercised with a view to realising no more than the value for the time being of the gift.
(4) The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.
(5) An order may be made or other action taken in respect of a debt owed by the Crown.
(6) In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the external confiscation order.

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Source: https://www.legislation.gov.uk/uksi/1991/2873/schedule/3/paragraph/82 (the official version)
Page: https://openlegislation.uk/criminal-justice-act-1988-designated-countries-and-territories-order-1991/schedule-3/paragraph-82
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.