Page:Mutual Assistance in Criminal Matters Act 2000.pdf/48

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FIRST SCHEDULE—continued (2) In respect of any sum of money payable under the foreign confiscation order, the High Court may make a garnishee order as if the sum were due to the Government in pursuance of a judgement or order of the High Court, but any such order shall direct that the sum payable be paid to the High Court.

(3) The High Court may appoint the Public Trustee or any person as receiver in respect of realisable property.

(4) The High Court may empower the Public Trustee or any receiver appointed under sub-paragraph (3) or paragraph 7 or in pursuance of a charging order—
 * (a) to enforce any charge imposed under paragraph 8 on realisable property or on interest or dividends payable in respect of such property; and
 * (b) in relation to any realisable property other than property for the time being subject to a charge under paragraph 8, to take possession of the property subject to such conditions or exceptions as may be specified by the Court.

(5) The High Court may order any person having possession of realisable property to give possession of it to the Public Trustee or any receiver.

(6) The High Court may empower the Public Trustee or any receiver to realise any realisable property in such manner as the Court may direct.

(7) The High Court may order any person holding an interest in realisable property to make such payment to the Public Trustee or any receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Schedule as the Court may direct and the Court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.

(8) Sub-paragraphs (5) to (7) shall not apply to property for the time being subject to a charge under paragraph 8.

(9) The High Court shall not in respect of any property exercise the powers conferred by sub-paragraph (4) (a), (6) or (7) unless a reasonable opportunity has been given to persons holding any interest in the property to make representations to the Court.

Application of proceeds of realisation and other sums

11.—(1) Subject to sub-paragraph (2), the following sums in the hands of the Public Trustee or any receiver pursuant to paragraph 7 or 10 or in pursuance of a charging order, that is—
 * (a) the proceeds of the enforcement of any charge imposed under paragraph 8;
 * (b) the proceeds of the realisation, other than by the enforcement of such a charge, of any property under paragraph 7 or 10; and