Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 3 - Dealings relating to controlled property  

SECTION 279   Notice of proposed destruction or disposal etc.  

279(1)    
The * Official Trustee must give written notice of the proposed destruction or disposal to:

(a)    

if the *controlled property is covered by a *forfeiture order:

(i) the person who was the owner of the property immediately before the forfeiture order was made; and

(ii) any other person whom the *Official Trustee has reason to believe may have had an *interest in the property immediately before the forfeiture order was made; or

(b)    

if the controlled property is forfeited under section 92 :

(i) the person who was the owner of the property immediately before the forfeiture; and

(ii) any other person whom the Official Trustee has reason to believe may have had an interest in the property immediately before the forfeiture; or

(c)    

in any other case:

(i) the owner of the controlled property; and

(ii) any other person whom the Official Trustee has reason to believe may have an interest in the controlled property.

279(2)    
A person who has been so notified may object in writing to the * Official Trustee within 14 days of receiving the notice.

279(3)    

However, the person may object to the disposal of the * controlled property for the reason set out in paragraph 278(2)(d) only if:

(a)    the value of the controlled property exceeds the total amount of the money payable to the * legal aid commission in question; and

(b)    the person and the * Official Trustee have failed to agree on which item or items of, or which portion of, the controlled property should be disposed of.

279(4)    

An objection to which subsection (3) applies must:

(a)    relate only to which item or items of, or which portion of, the * controlled property should be disposed of; and

(b)    specify the item or items of, or the portion of, the controlled property that the person does not object to the * Official Trustee disposing of.

Pre-disposal agreement

279(5)    

Subsection (1) does not require written notice of the proposed disposal of the *controlled property to be given to a person who has agreed in writing to the disposal of the controlled property.

279(6)    

If:

(a)    a person has agreed to the disposal of the *controlled property; and

(b)    the *Official Trustee disposes of the property;

the Official Trustee must:

(c)    give the person written notice of the disposal of the property; and

(d)    do so as soon as practicable after the disposal of the property.