Rule 33.53 Sums in the hands of receiversI1

England and Wales

(1)

This rule applies where the amount payable under a confiscation order has been fully paid and any sums remain in the hands of an enforcement receiver.

(2)

The receiver must make an application to the Crown Court for directions as to the distribution of the sums in his hands.

(3)

The application and any evidence which the receiver intends to rely on in support of the application must be served on—

(a)

the defendant; and

(b)

any other person who held (or holds) interests in any property realised by the receiver,

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(4)

If any of the provisions listed in paragraph (5) (provisions as to the vesting of funds in a trustee in bankruptcy) apply, then the Crown Court must make a declaration to that effect.

(5)

These are the provisions—

(a)

section 82 of the Bankruptcy (Scotland) Act 2016^f1;

(b)

section 306B of the Insolvency Act 1986^f2; and

(c)

article 279B of the Insolvency (Northern Ireland) Order 1989^f3.

Annotations

Commencement

I1: Rule 33.53 in force at 6.10.2025, see Preamble

Footnotes

f1: 2016 asp 21.
f2: 1986 c. 45; section 306B was inserted by section 456 of, and paragraphs 1 and 16 of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29).
f3: S.I. 1989/2405 (N.I. 19); article 279B was inserted by section 456 of, and paragraph 20(3) of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29).