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The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

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Protection of administrator appointed under article 63 or 73

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80.—(1) If an administrator appointed under article 63 or 73—

(a)takes action in relation to property which is not realisable property, or as the case may be, the specified property;

(b)would be entitled to take the action if it were realisable property or, as the case may be, the specified property; and

(c)believes on reasonable grounds that he is entitled to take action,

he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.

(2) Paragraph (3) applies if an administrator incurs expenses in the exercise of his functions at a time when—

(a)an external order has not been registered; and

(b)an external order has been registered but the administrator has recovered no money.

(3) As soon as practicable after they have been incurred the expenses must be reimbursed by the Lord Advocate.

(4) Paragraph (5) applies if—

(a)an amount is due in respect of the administrator’s remuneration and expenses; but

(b)nothing (or not enough) is available to be applied in payment of them under article 78(4).

(5) The remuneration and expenses must be paid (to the extent of the shortfall) by the Lord Advocate.

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