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(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.
(3) A receiver appointed under paragraph 2 shall not be liable to any person in respect of any loss or damage resulting from action—
- (a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,
- (b) which he would be entitled to take if the property were forfeited property, and
- (c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.
(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.
4.—(1) In paragraphs 2 and 3 “the proper officer” means—
- (a) where the forfeiture order is made by a magistrates’ court, the justices’ chief executive for that court,
- (b) where the forfeiture order is made by the Crown Court and the defendant was committed to the Crown Court by a magistrates’ court, the justices’ chief executive for the magistrates’ court, and
- (c) where the forfeiture order is made by the Crown Court and the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the 1933 c. 36.Administration of Justice (Miscellaneous Provisions) Act 1933, the justices’ chief executive for the magistrates’ court for the place where the trial took place.
(2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—
- (a) the prosecutor in the proceedings in which the forfeiture order was made,
- (b) the defendant in those proceedings, or
- (c) a person whom the court heard under section 23(7) before making the order.
(3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.
Restraint orders
5.—(1) The High Court may make a restraint order under this paragraph where—
- (a) proceedings have been instituted in England and Wales for an offence under any of sections 15 to 18,
- (b) the proceedings have not been concluded,
- (c) an application for a restraint order is made to the High Court by the prosecutor, and
- (d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.
(2) The High Court may also make a restraint order under this paragraph where—
- (a) it is satisfied that a person is to be charged in England and Wales with an offence under any of sections 15 to 18,
- (b) an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of the proposed proceedings for the offence, and
