Page 630 - IOM Law Society Rules Book

252 Proceeds of Crime Act 2008 c.13

(b) sums vested in the trustee by a recovery order or
obtained by the trustee in pursuance of a recovery order.

(2) The trustee is to make out of the sums —

(a) first, any payment required to be made by the trustee
by virtue of section 27;

(b) next, any payment of legal expenses which, after giving
effect to section 22(9), are payable under this subsection
in pursuance of provision under section 22(8) contained
in the recovery order;

(c) then, any payment of expenses incurred by a person
acting as an insolvency practitioner which are payable
under this subsection by virtue of section 208(10),

and any sum which remains is to be paid to the Attorney General.

Exemptions, etc.

Recovery 36. (1) In proceedings for a recovery order, a person who claims
orders: that any property alleged to be recoverable property, or any part
victims of
theft, etc. of the property, belongs to that person may apply for a declaration
under this section.
P2002/29/281
(2) If the applicant appears to the court to meet the
following condition, the court may make a declaration to that
effect.

(3) The condition is that —

(a) the person was deprived of the property which is
claimed, or of property which it represents, by unlawful
conduct;

(b) the property the person was deprived of was not
recoverable property immediately before the
deprivation; and

(c) the property claimed belongs to that person.

(4) Property to which a declaration under this section
applies is not recoverable property.

Recovery 37. (1) Proceedings for a recovery order may not be taken
orders: other against any person in circumstances of a prescribed description;
exemptions
and the circumstances may relate to the person or to the property
P2002/29/282 or to any other matter.