10. Effect of forfeiture order
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(1) Subject to subsection (2), where the Court makes a forfeiture order against any property, the property vests absolutely in the Crown by virtue of the order.
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(2) Where property directed by a forfeiture order to be forfeited is registrable property—
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(a) the property vests in the Crown provisionally but does not vest absolutely in the Crown at law until the applicable registration requirements have been complied with;
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(b) the Crown is entitled to be registered as owner of the property;
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(c) the Attorney General has power on behalf of the Crown to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Crown as owner, including the execution of any instrument required to be executed by a person transferring an interest in property of that kind.
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(3) Where the Court makes a forfeiture order against property—
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(a) the property shall not, except with the leave of the Court and in accordance with any directions of the Court be disposed of, or otherwise dealt with, by or on behalf of the Crown, before the relevant appeal date; and
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(b) if, after the relevant appeal date, the order has not been discharged, the property may be disposed of and the proceeds applied or otherwise dealt with in accordance with the direction of the Attorney General.
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(4) Without limiting the generality of subsection (3)(b) the directions that may be given under that subsection include a direction that property is to be disposed of in accordance with the provisions of any enactment specified in the direction.
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(5) In this section—
“registrable property” means property the title to which is passed by registration in accordance with the provisions of the Land Registration Act;
“relevant appeal date” used in relation to a forfeiture order made in consequence of a person's conviction of a criminal conduct, means— (Amended by Act 4 of 2010)
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(a) the date on which the period allowed by the rules of court for the lodging of an appeal against a person's conviction or for the lodging of an appeal against the making of a forfeiture order expires without an appeal having been lodged, whichever is the later; or
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(b) where an appeal against a person's conviction or against the making of a forfeiture order is lodge, the date on which the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later.