Article 141J Powers of receiverF1

(1)

If the High Court appoints a receiver under article 141I, the High Court may act under this article on the application of the enforcement authority.

(2)

The High Court may by order authorise or require the receiver—

(a)

to manage any property in respect of which the receiver is appointed,

(b)

to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it),

(c)

to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.

(3)

Paragraph (2)(c) does not apply in relation to the remuneration of the receiver if the receiver is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).

(4)

Managing property includes—

(a)

selling or otherwise disposing of assets comprised in the property which are perishable or which ought to be disposed of before their value diminishes,

(b)

where the property comprises assets of a trade or business, carrying on, or arranging for another to carry on, the trade or business,

(c)

incurring capital expenditure in respect of the property.

(5)

The High Court may by order require any person in respect of whose property the receiver is appointed—

(a)

to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if, in either case, the person is able to do so),

(b)

to do anything reasonably required by the receiver for the preservation of the property,

(c)

to bring any documents relating to the property which are in their possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver.

(6)

In paragraph (5)(c) “document” means anything in which information of any description is recorded.

(7)

Any prohibition on dealing with property imposed by a prohibition order does not prevent a person from complying with any requirements imposed by virtue of this article.

(8)

If—

(a)

the receiver deals with any property which is not property in respect of which they are appointed under article 141I, and

(b)

at the time the receiver deals with the property they believe on reasonable grounds that they are entitled to do so by virtue of their appointment,

the receiver is not liable to any person in respect of any loss or damage resulting from their dealing with the property except so far as the loss or damage is caused by their negligence.

(9)

Sections 75 and 77 of the Taxes Management Act 1970^f1 shall not apply in relation to the receiver.

Annotations

Textual amendments

F1: Pts. 4A, 4B inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 3

Footnotes

f1: 1988 c. 33.