Sch. 4
31.—(1) A receiver appointed under paragraph 30 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 30(1)(c).
(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.
(3) A receiver appointed under paragraph 30 shall not be liable to any person in respect of any loss or damage resulting from action—
- (a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,
- (b) which he would be entitled to take if the property were forfeited property, and
- (c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.
(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.
32.—(1) In paragraphs 30 and 31 “the proper officer” means—
- (a) where the forfeiture order is made by a court of summary jurisdiction, the clerk of petty sessions, and
- (b) where the forfeiture order is made by the Crown Court, the appropriate officer of the Crown Court.
(2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—
- (a) the prosecutor in the proceedings in which the forfeiture order was made,
- (b) the defendant in those proceedings, or
- (c) a person whom the court heard under section 23(7) before making the order.
(3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.
(4) Any balance in the hands of the proper officer after making any payment required under paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of the 1954 c. 9 (N.I.).Administration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) as if it were a fine.
Restraint orders
33.—(1) The High Court may make a restraint order under this paragraph where—
- (a) proceedings have been instituted in Northern Ireland for an offence under any of sections 15 to 18,
- (b) the proceedings have not been concluded,
- (c) an application for a restraint order is made to the High Court by the prosecutor, and
- (d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.
(2) The High Court may also make a restraint order under this paragraph where—
- (a) it is satisfied that a person is to be charged in Northern Ireland with an offence under any of sections 15 to 18,
