Section 100Part 2 — The Financial Reporting Authority
Agreements about associated and joint property
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Where this section applies, and the Director of Public Prosecutions and the person who holds the associated property or who is the excepte d joint owner agree, the recovery order may, instead of vesting the recoverable property in the trustee for civil recovery, require the person who holds the associated property or who is the excepted joint owner to make a payment to the trustee.
A reco very order which makes any requirement under subsection (1) may, so far as required for giving effect to the agreement, include provision for vesting, creating or extinguishing any interest in the property.
The amount of the payment shall be the amount which the Director of Public Prosecutions and that person agree, represents —
in a case within section 99(1) (a) and
, the value of the recoverable property; ( b ) in a case within section 99(1)
, the value of the recoverable property less the value of the excepted joint owner ’ s share.
Notwithstanding subsection (3), if —
an interim receiving order applied at any time to the associated property or joint tenancy; and
the Director of Public Prosecutions agrees that the person has suffered l oss as a result of the interim receiving order, the amount of the payment may be reduced by any amount the Director of Public Prosecutions and that person agree is reasonable, having regard to that loss and to any other relevant circumstances.
Where th ere is more than one such item of associated property or excepted joint owner, the total amount to be paid to the trustee, and the part of that amount which is to be provided by each person who holds any such associated property or who is an excepted joint owner, shall be agreed between both, or all of them and the Director of Public Prosecutions.
A recovery order which makes any requirement under subsection (1) shall make provision for any recoverable property to cease to be recoverable.