Page:Mutual Assistance in Criminal Matters Act 2000.pdf/49

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FIRST SCHEDULE—continued :(c) any other sums, being property held by the defendant, shall, after such payments (if any) as the High Court may direct have been made out of those sums, be paid to the High Court and applied for the purposes specified in sub-paragraph (2) and in the order so specified.

(2) Where a fixed amount is payable under the foreign confiscation order and after that amount has been fully paid, any other sums remain in the hands of the Public Trustee or receiver, he shall 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 High Court may direct after giving a reasonable opportunity for such persons to make representations to the Court.

(3) Any sums remaining after all the payments required to be made under sub-paragraphs (1) and (2) have been made shall be paid into the Consolidated Fund.

Exercise of powers by High Court, etc.

12.—(1) This paragraph applies to the powers conferred on the High Court by paragraphs 7 to 11 or on the Public Trustee or any receiver pursuant to paragraph 7 or 10 or in pursuance of a charging order.

(2) Subject to sub-paragraphs (3) to (6), the powers shall be exercised with a view to recovering property which is liable to be recovered under a foreign confiscation order registered under section 30 of this Act or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any foreign confiscation order which may be made.

(3) In the case of realisable property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Schedule, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

(4) Except in the case of realisable property referred to in sub-paragraph (a) of the definition of "realisable property" in paragraph 1 (1), the powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.

(5) An order may be made or other action taken in respect of a debt owed by the Government.

(6) In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the foreign confiscation order.