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Section 130: Application of sums by enforcement administrator

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 3: Confiscation: Scotland

This section applies to sums which—

are in the hands of an administrator appointed under section 128(3), and
fall within subsection (2).

These sums fall within this subsection—

the proceeds of the realisation of property under section 128(6)(c);
any sums (other than those mentioned in paragraph (a)) in which the accused holds an interest.

The sums must be applied as follows—

first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
second, they must be applied in making any payments as directed by the court;
third, they must be applied on the accused's behalf towards satisfaction of the confiscation order.

If the amount payable under any confiscation order has been fully paid and any sums remain in the administrator's hands he must distribute them—

among such persons who held (or hold) interests in the property concerned as the court directs, and
in such proportions as it directs.

Before making a direction under subsection (4) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.

For the purposes of subsections (4) and (5) the property concerned is—

the property represented by the proceeds mentioned in subsection (2)(a);
the sums mentioned in subsection (2)(b).

The administrator applies sums as mentioned in subsection (3)(c) by paying them to the appropriate clerk of court on account of the amount payable under the order.

The appropriate clerk of court is the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1) of this Act.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.