Section 39: Enforcement of Order

39. Enforcement of Order (1) On the day on which a Recovery Order takes effect, the property which is the subject of the Order vests in the State. (2) On a Recovery Order taking effect, the Enforcement Authority, or a Trustee appointed by the Court at the request of the Enforcement Authority, may take possession of that property on behalf of the State from any person in possession, or entitled to possession, of the property. (3) The Enforcement Authority or the Trustee shall, subject to any order for the exclusion of an interest in recovered property under section 37, dispose of property recovered under section 35 by sale or any other means subject to the direction of the Court. (4) Any right or interest in recovered property not exercisable by or transferable to the State shall expire and shall not revert to the person who has possession, or was entitled to possession, of the property immediately before the Order took effect. (5) No person who has possession, or was entitled to possession, of recovered property immediately before the Recovery Order took effect, and no person acting in concert with or on behalf of that person shall be eligible to purchase recovered property at any sale conducted by the Enforcement Authority or the Trustee. (6) The Enforcement Authority or the Trustee shall deposit into the Fund any proceeds of any sale or disposition of recovered property and any moneys recovered. (7) The expenses incurred in connection with the recovery and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and Court costs, shall be defrayed out of the Fund. Sub- Part C – Tracing of Assets