Proceeds of Crime Act 1996
7.—(1) Where an interim order or an interlocutory order is in force, the Court may at any time appoint a receiver—
(a) to take possession of any property to which the order relates,
(b) in accordance with the Court's directions, to manage, keep possession or dispose of or otherwise deal with any property in respect of which he or she is appointed,
subject to such exceptions and conditions (if any) as may be specified by the Court, and may require any person having possession or control of property in respect of which the receiver is appointed to give possession of it to the receiver.
(2) Where a receiver takes any action under this section—
(a) in relation to property which is not property the subject of an interim order or an interlocutory order, being action which he or she would be entitled to take if it were such property, and
(b) believing, and having reasonable grounds for believing, that he or she is entitled to take that action in relation to that property,
he or she shall not be liable to any person in respect of any loss or damage resulting from such action except in so far as the loss or damage is caused by his or her negligence.
Modifications (not altering text):
Application of section extended with modifications (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 20, commenced on enactment.
Application of certain provisions of Act of 1996.
20.—For the purposes of this Part, sections 6, 7 and 9 to 15 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order, an interlocutory or a disposal order made under this Part, or an application for such an order, had been made under the Act of 1996:
(a) a reference in any of the applicable provisions of the Act of 1996 to applicant shall be construed as referring to the member of the Garda Síochána who applied to the High Court for the interim order, interlocutory order or disposal order;
(b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 12 of this Act;
(c) a reference in any of the applicable provisions of the Act of 1996 to property shall be construed as referring to funds.
Application of section extended with modifications (10.11.1998) by International War Crimes Tribunals Act 1998 (40/1998), s. 31(3), commenced on enactment.
Orders respecting property.
(2) Where, on application by a member of the Garda Síochána not below the rank of Chief Superintendent, the High Court is satisfied that—
(a) an international tribunal order referred to in subsection (1)(a) has been received by the Minister, and
(b) at the time of making the interim order under this subsection the international tribunal order is in force and is not subject to appeal,
the Court, for the purposes of the preservation and protection of the property to which the international tribunal order relates, may, regardless of the value of the property but subject to subsection (5), make an interim order containing any terms that, under section 2 (1) and (2) of the Proceeds of Crime Act, 1996, could be included in an interim order made under that Act if the value of the property were not less than £10,000.
(3) For the purposes mentioned in subsection (2) of this section, sections 2 (3) to (6), 3 (1) to (6), 5, 6, 7, 8 and 10 to 16 of the Proceeds of Crime Act, 1996, shall apply with the following modifications and any other necessary modifications, as if an application made under this section had been made under that Act: