Comparison View

Formal Consolidation |  2020 RevEd
Application of proceeds of realisation and other sums
23.—(1)  Subject to subsection (2), the following sums in the hands of the Public Trustee or any receiver under section 19 or 22 or pursuant to a charging order, that is —
(a)the proceeds of the enforcement of any charge imposed under section 20;
(b)the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 19 or 22; and
(c)any other sums, being property held by the defendant,
must, after such payments (if any) as the General Division of the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.
[40/2019]
(2)  If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of the Public Trustee or receiver, the Public Trustee or receiver must distribute those sums —
(a)among such of those who held property which has been realised under this Act; and
(b)in such proportions,
as the General Division of the High Court may direct after giving a reasonable opportunity for such persons to make representations to the General Division of the High Court.
[20
[40/2019]
Informal Consolidation | Amended S 639/2023
Application of proceeds of realisation and other sums
23.—(1)  Subject to subsection (2), the following sums in the hands of the Public Trustee or any receiver under section 19 or 22 or pursuant to a charging order, that is —
(a)the proceeds of the enforcement of any charge imposed under section 20;
(b)the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 19 or 22; and
(c)any other sums, being property held by the defendant,
must, after such payments (if any) as the General Division of the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.
[40/2019]
(2)  If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of the Public Trustee or receiver, the Public Trustee or receiver must distribute those sums —
(a)among such of those who held property which has been realised under this Act; and
(b)in such proportions,
as the General Division of the High Court may direct after giving a reasonable opportunity for such persons to make representations to the General Division of the High Court.
[20
[40/2019]