(1) Where the Court appoints a receiver under section 40O, it may act under this section on the application of the Director of Public Prosecutions where the external order is for the recovery of property.
(2) The Court may by order, confer on the receiver the following powers in relation to the specified property—
(a) power to take possession of the property;
(b) power to manage or otherwise deal with the property;
(c) power to realize the property, in such manner as the Court specifies;
(d) power to start, carry on or defend any legal proceedings in respect of the property.
(3) The Court may by order, confer on the receiver power to enter any premises in Saint Lucia and to do any of the following—
(a) search for or inspect anything authorized by the Court;
(b) make or obtain a copy, photograph or other record of anything so authorized under paragraph (a); and
(c) remove anything which the receiver is required or authorized to take possession of pursuant to an order of the Court.
(4) The Court may by order, authorize the receiver to do any of the following for the purposes of the exercise of his or her functions—
(a) hold property;
(b) enter into contracts;
(c) sue and be sued;
(d) employ agents;
(e) execute powers of attorney, deeds or other instruments; and
(f) take any other steps the Court thinks appropriate.
(5) The Court may order any person who has possession of the specified property to give possession of it to the receiver.
(6) The Court—
(a) may order a person holding an interest in the specified 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
(b) may on the payment being made, by order transfer, grant or extinguish an interest in the property.
(7) The Court shall not—
(a) confer the power under subsection (2)(b) or (c) in respect of property; or
(b) exercise the power conferred on it 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.
(8) Subsection (7)(a) does not apply to property which—
(a) is perishable; or
(b) ought to be disposed of before its value diminishes.
(9) The Court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
(Inserted by Act 18 of 2023)