Revised Laws of Saint Lucia (2023)

40P.   Powers of a receiver with respect to a monetary external order

  1.  

    (1)   Where the Court appoints a receiver, it may, on the application of the Director of Public Prosecutions, where the external order is for the recovery of a specified sum of money, by order, confer on the receiver the following powers in relation to any realizable property—

    1.  

      (a)     power to take possession of the property;

    1.  

      (b)     power to manage or otherwise deal with the property;

    1.  

      (c)     power to realize the property, in a manner as the Court specifies; and

    1.  

      (d)     power to start, carry on or defend any legal proceedings in respect of the property.

  1.  

    (2)   Where there is an appeal and a sum falls to be paid when the appeal has been determined or withdrawn, the duty to pay is delayed until the date on which the appeal is determined or withdrawn.

  1.  

    (3)   Where the person affected by an external order which has been registered shows that he or she needs time to pay the amount ordered to be paid, the Court may make an order allowing payment to be made in a specified period, which—

    1.  

      (a)     must begin with the date on which the notice was delivered to the person affected by the order or the date under subsection (2); and

    1.  

      (b)     must not exceed 3 months.

  1.  

    (4)   The Court may by order confer on the receiver power to enter a premises in Saint Lucia and to do any of the following—

    1.  

      (a)     search for or inspect anything authorized by the Court;

    1.  

      (b)     make or obtain a copy, photograph or other record, of anything so authorized; and

    1.  

      (c)     remove anything which the receiver is required or authorized to take possession of pursuant to an order of the Court.

  1.  

    (5)   The Court may, by order, authorize the receiver to do any of the following for the purposes of the exercise of his or her powers—

    1.  

      (a)     hold property;

    1.  

      (b)     enter into contracts;

    1.  

      (c)     sue and be sued;

    1.  

      (d)     employ agents;

    1.  

      (e)     execute powers of attorney, deeds or other instruments; and

    1.  

      (f)     take any other steps the Court thinks appropriate.

  1.  

    (6)   The Court may order a person who is in possession of realizable property to give possession of the realizable property to the receiver.

  1.  

    (7)   The Court—

    1.  

      (a)     may order a person holding an interest in realizable property 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; and

    1.  

      (b)     may by order transfer, grant or extinguish any interest in the property.

  1.  

    (8)   The Court shall not—

    1.  

      (a)     confer the power under subsection (1)(b) or (c) in respect of property; or

    1.  

      (b)     exercise the power under subsection (6) in respect of property, unless it gives persons holding interests in the property a reasonable opportunity to make a representation to it.

  1.  

    (9)   Subsection (8), does not apply to property which—

    1.  

      (a)     is perishable; or

    1.  

      (b)     ought to be disposed before its value diminishes.

  1.  

    (10)   The Court may make an order that a power conferred under an order under this section not be subject to for conditions and exceptions.

  1.  

    (Inserted by Act 18 of 2023)