(1) Where the Court makes a restraining order, on the application of the Director of Public Prosecutions, the Court may by order appoint a receiver in respect of any property which is specified in the restraining order.
(2) On the application of the Director of Public Prosecutions, the Court may, in relation to any property which is specified in the restraining order, by order, confer on a receiver appointed under subsection (1), one or more of the following powers—
(a) the power to take possession of the property;
(b) the power to manage or otherwise deal with the property;
(c) the power to start, carry on or defend any legal proceedings in respect of the property;
(d) the power to realize so much of the property as is necessary to meet the receiver's remuneration and expenses;
(e) the power to enter premises in Saint Lucia and to do any of the following—
(i) search for or inspect anything authorized by the Court,
(ii) make or obtain a copy, photograph or other record of anything so authorized under subparagraph (i),
(iii) remove anything which the receiver is required or authorized to take possession of pursuant to an order of the Court;
(f) the power to order—
(i) any person who has possession of property which is specified in the restraining order to give possession of the property to the receiver,
(ii) a person holding an interest in property which is specified in the restraining order to make to the receiver such payment as the Court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift,
(iii) to transfer, grant or extinguish an interest in the property.
(3) The Court may by order authorize the receiver to do one or more of the following for the purpose of the exercise of his or her powers—
(a) hold property;
(b) enter into contracts;
(c) sue and be sued;
(d) employ agents;
(e) execute powers of attorney, deeds or other instruments;
(f) take other steps the Court thinks appropriate.
(4) The Court shall not, unless it gives persons holding interests in the property a reasonable opportunity to make a representation to it—
(a) confer the power under subsection (2)(b) or (d) in respect of property; or
(b) exercise the power conferred on it under subsection (2)(f)(ii) and (iii) in respect of property.
(5) Subsection (4) does not apply to property which—
(a) is perishable; or
(b) ought to be disposed of before its value diminishes.
(6) The Court may order that a power conferred by an order under this section is subject to conditions and exceptions.
(Inserted by Act 18 of 2023)