Page 693 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 315

(a) are payable under this subsection by virtue of section
208; but

(b) are not already paid under section 107(2)(a).

(4) If the Chief Registrar received the sums under section
107 the Chief Registrar must next apply them —

(a) first, in payment of the remuneration and expenses of a
receiver appointed under section 103, to the extent that
they have not been met by virtue of the exercise by that
receiver of a power conferred under section 104(2)(d);

(b) second, in payment of the remuneration and expenses
of the receiver appointed under section 105.

(5) If a direction was made under section 73(6) for an
amount of compensation to be paid out of sums recovered under
the confiscation order, the Chief Registrar must next apply the
sums in payment of that amount.

(6) If any amount remains after the Chief Registrar makes
any payments required by the preceding provisions of this section,
the amount must be treated for the purposes of the Collection of
Fines etc. Act 1985 as if it were a fine imposed by a criminal [c.7]
court.

(7) Subsection (4) does not apply if the receiver is a civil
servant or other public servant; and it is immaterial whether the
receiver is a permanent or temporary civil or public servant or the
receiver is on secondment from elsewhere.

Restrictions

109. (1) Subsections (2) to (4) apply if a court makes a restraint Restraint
order. orders:
restrictions
(2) No distress may be levied against any realisable P2002/29/58
property to which the order applies except with the leave of the
Court of General Gaol Delivery and subject to any terms the Court
of General Gaol Delivery may impose.

(3) If the order applies to a tenancy of any premises, no
landlord or other person to whom rent is payable may exercise a
right within subsection (4) except with the leave of the Court of
General Gaol Delivery and subject to any terms the Court of
General Gaol Delivery may impose.

(4) A right is within this subsection if it is a right of
forfeiture by peaceable re-entry in relation to the premises in