Page 633 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 255

(ii) the court has assessed the amount allowed by
regulations under section 40 in respect of that item
and the sum is released for payment of the assessed
amount.

(4) Before making regulations under this section, the
Department of Home Affairs must consult such persons as it
considers appropriate.

40. (1) The Department of Home Affairs may by regulations — Legal expenses:
regulations
for purposes
(a) make provision for the purposes of section 22(9); of section 22(9)
or 39(3)
(b) make provision for the purposes of required conditions P2002/29/286B
that make provision of the kind mentioned in section
39(3)(b) or (c).

(2) Regulations under this section may (in particular) —

(a) limit the amount of remuneration allowable to
representatives for a unit of time worked;

(b) limit the total amount of remuneration allowable to
representatives for work done in connection with
proceedings or a step in proceedings;

(c) limit the amount allowable in respect of an item of
expense incurred by a representative or incurred,
otherwise than in respect of the remuneration of a
representative, by a party to proceedings.

(3) Before making regulations under this section, the
Department of Home Affairs must consult such persons as it
considers appropriate.

41. (1) At any time when an order specifying an amount for Recoverable
the purposes of this section has effect, the Attorney General may property:
not start proceedings for a recovery order unless the Attorney financial
threshold
General reasonably believes that the aggregate value of the
recoverable property which he or she wishes to be subject to a P2002/29/287
recovery order is not less than the specified amount.

(2) The power to make an order under subsection (1) is
exercisable by the Department of Home Affairs.

(3) If the Attorney General applies for a property freezing
order or an interim receiving order before starting the proceedings,
subsection (1) applies to the application instead of to the start of
the proceedings.