Section 96Part 2 — The Financial Reporting Authority
Recovery orders
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Where in proceedings under this Part the court is satisfied that any property is recoverable, the court shall make a recovery order.
The recovery order shall vest the recoverable property in the trustee for civil recovery.
The court may not make in a recovery order any provision in respect of any recoverable property if each of the conditions in subsection
is met and it would not be just and equitable to do so. ( 4 ) The conditions referred to in subsection (3) are that —
the respondent obtained the recoverable property in good faith;
the respondent took steps after obtaining the property which that person would not have taken if that person had not obtained it or that person took steps before obtaining the property which that person would not have taken if that person had not believed that person was going to obtain it;
when that person took the steps, that person had no notice that the property was recoverable; and
if a re covery order were made in respect of the property, it would, by reason of the steps, be detrimental to that person .
In deciding whether it would be just and equitable to make the provision in the recovery order where the conditions in subsection (4) ar e met, the court shall have regard to —
the degree of detriment that would be suffered by the respondent if the provision were made; and
the Director of Public Prosecutions ’ interest in receiving the realised proceeds of the recoverable property.
A recovery order may sever any property and may impose conditions as to the manner in which the civil recovery may deal with any property vested by the order for the purpose of realising it.
This section is subject to sections 99 to 103 .