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Criminal Justice Act 1988

Criminal Justice Act 1988 Sch 5 para 6

Sch 5 para 6

(1) Section 12 (application of proceeds of realisation and other sums) shall be amended as follows. (2) In subsection (1), after the word “shall" there shall be inserted the words “first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 17A(2) of this Act and then shall,". (3) In subsection (3), for the words from “sum", in the second place where it occurs, to “balance" there shall be substituted the words justices’ clerk shall apply the money received for the purposes specified in this section and in the order so specified. (4) The justices’ clerk shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under section 17A(2) of this Act but not already paid under subsection (1) above. (5) If the money was paid to the justices’ clerk by a receiver appointed under section 8 or 11 of this Act or in pursuance of a charging order the justices’ clerk shall next pay the receiver’s remuneration and expenses. (6) After making— (a) any payment required by subsection (4) above; and (b) in a case to which subsection (5) above applies, any payment required by that subsection, the justices’ clerk shall reimburse any amount paid under section 18(2) of this Act. (7) Any balance in the hands of the justices’ clerk after he has made all payments required by the foregoing provisions of this section

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