Article 279C Property subject to certain orders where confiscation order discharged or quashedF1

Northern Ireland

(1)

This Article applies where—

(a)

property is excluded from the bankrupt’s estate by virtue of section 423(2)(a), (b), (c) or (d) of the Proceeds of Crime Act 2002 (property F2excluded from the bankrupt's estate),

(b)

a confiscation order is made under section 6, 92 or 156 of that Act, and

(c)

the confiscation order is discharged under section 30, 114 or 180 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence.

(F32)

Any such property vests in the trustee as part of the bankrupt's estate if it is in the hands of—

(a)

a receiver appointed under Part 2 or 4 of that Act,

(b)

an administrator appointed under Part 3 of that Act,

(c)

an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).

(3)

But paragraph (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).

Annotations

Textual amendments

F1: 2002 c. 29
F2: Words in art. 279C(1)(a) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 64(2); S.I. 2015/983, arts. 2(2)(e), 3(m)
F3: Art. 279C(2) substituted (1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 64(3); S.I. 2015/983, arts. 2(2)(e), 3(m); S.I. 2016/147, art. 3(i)

Notes on Part IX

Modifications

C1: Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))