Sch. 3
- (b) proceedings arising out of proceedings to which paragraph (a) applies.
(2) Evidence admitted by virtue of sub-paragraph (1) shall not be disclosed to—
- (a) the organisation concerned,
- (b) the applicant (where the organisation is not also the applicant), or
- (c) any person representing the organisation concerned or the applicant.
SCHEDULE 4
Forfeiture Orders
Part I
England and Wales
Interpretation
1. In this Part of this Schedule—
- “forfeiture order” means an order made by a court in England and Wales under section 23, and
- “forfeited property” means the money or other property to which a forfeiture order applies.
Implementation of forfeiture orders
2.—(1) Where a court in England and Wales makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—
- (a) require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;
- (b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;
- (c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;
- (d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23(7).
(2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.
(4) Section 140 of the 1980 c. 43.Magistrates’ Courts Act 1980 (disposal of non-pecuniary forfeitures) shall not apply.
3.—(1) A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c).
