Article 17 Insertion of Chapter 3A

After Chapter 3 (receivers and procedure), insert—

“CHAPTER 3A

Seized personal property

Seized personal property

48A.

(1)

This article applies to personal property which is held by a person and which—

(a)

has been seized by an appropriate officer under a relevant seizure power; or

(b)

has been produced to an appropriate officer in compliance with a production order under—

(i)

article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013^f1; or

(ii)

article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014^f2.

(2)

A magistrates’ court may by order authorise an appropriate officer to realise the property if—

(a)

an external order is made against the person by whom the property is held; and

(b)

a receiver has not been appointed under article 27 (appointment of enforcement receivers) in relation to the property.

Costs of storage and realisation

48B.

(1)

This article applies if a magistrates’ court makes an order under article 48A.

(2)

The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—

(a)

storing or insuring the property since it was seized or produced as mentioned in paragraph (1) of that article;

(b)

realising the property.

(3)

If the court makes a determination under this article the appropriate officer is entitled to payment of the amount under article 34(4)(c).

(4)

A determination under this article may be made on the same occasion as the article 48A order or on any later occasion; and more than one determination may be made in relation to any case.

Articles 48A and 48B: appeals

48C.

(1)

If a magistrates’ court decides not to make an order under article 48A, an appropriate officer may appeal to the Crown Court.

(2)

If a magistrates’ court makes an order under article 48A, a person affected by the order may appeal to the Crown Court.

(3)

But the person mentioned in article 48A(2)(a) may not appeal.

(4)

An appropriate officer may appeal to the Crown Court against—

(a)

a determination made by a magistrates’ court under article 48B;

(b)

a decision by a magistrates’ court not to make a determination under that article.

Proceeds of realisation

48D.

(1)

This article applies to sums which—

(a)

are in the hands of an appropriate officer; and

(b)

are the proceeds of the realisation of property under article 48A.

(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 paragraph by virtue of article 3;

(b)

second, they must be applied in making any payments directed by the magistrates’ court or the Crown Court;

(c)

third, they must be paid to the relevant Director on account of the amount payable under the external order.

(3)

If the amount payable under the external order has been fully paid and any sums remain in the appropriate officer’s hands, the appropriate officer must distribute them—

(a)

among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates’ court or the Crown Court directs; and

(b)

in such proportions as it directs.

(4)

Before making a direction under paragraph (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.

(5)

If the magistrates’ court has made a direction under paragraph (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.”.