# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 191: Applying realised proceeds

Extent: E+W+S+N.I.

(1) This article applies to—
(a) sums which represent the realised proceeds of property which was vested in the trustee for civil recovery by a recovery order or which he obtained in pursuance of a recovery order,
(b) sums vested in the trustee by a recovery order or obtained by him in pursuance of a recovery order.
(2) The trustee is to make out of the sums—
(a) first, any payment required to be made by him by virtue of article 183,
(b) next, any payment of legal expenses which, after giving effect to article 177(11), are payable under this paragraph in pursuance of provision under article 177(10) contained in the recovery order,
(c) next, any payment of expenses incurred by a person acting as an insolvency practitioner which are payable under this paragraph by virtue of article 3(10),
and any sum which remains is to be paid to the enforcement authority.
(3) The enforcement authority (unless it is the Scottish Ministers) may apply a sum received by it under paragraph (2) in making payment of the remuneration and expenses of—
(a) the trustee, or
(b) any interim receiver appointed in, or in anticipation of, the proceedings for the recovery order.
(4) Paragraph (3)(a) does not apply in relation to the remuneration of the trustee if the trustee is a member of the staff of the enforcement authority concerned.

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Source: https://www.legislation.gov.uk/uksi/2005/3181/article/191 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-191
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.