Article 77 Application of sums by enforcement administratorI1
United Kingdom
This article applies to sums which are in the hands of an administrator appointed under article 73 if they are—
the proceeds of the realisation of property under article 74 or 75;
where article 74 applies, sums (other than those mentioned in sub-paragraph (a)) in which the offender holds an interest.
The sums must be applied as follows—
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;
second, they must be applied in making any payments as directed by the court;
third, they must be applied on the offender’s behalf towards satisfaction of the external order.
If the amount payable under the external order has been fully paid and any sums remain in the administrator’s hands he must distribute them—
among such persons who held (or hold) interests in the property concerned as the court directs; and
in such proportions as it directs.
Before making a direction under paragraph (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.
For the purposes mentioned in paragraphs (3) and (4) the property concerned is—
the property represented by the proceeds mentioned in paragraph (1)(a);
the sums mentioned in paragraph (1)(b).
The administrator applies sums as mentioned in paragraph (2)(c) by paying them to the appropriate clerk of court on account of the amount payable under the order.
The appropriate clerk of court is the sheriff clerk appointed F1under article 69(1).
Annotations
Textual amendments
- F1
Word in art. 77(7) inserted (11.8.2016) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2016 (S.I. 2016/662), arts. 1, 18