36WFurther orders

36W Further orders

(1) The Supreme Court or the County Court, as the case requires, may make any orders in relation to the property to which the civil forfeiture restraining order relates as it considers just.

(2) An order under subsection (1) may be made—

(a) when the court makes a civil forfeiture restraining order; or

(b) at any later time.

(3) An order under subsection (1) may be made on the application of—

(b) a person to whose property the civil forfeiture restraining order relates or who has an interest in that property; or

(c) a trustee, if the civil forfeiture restraining order directed the trustee to take control of property; or

(d) a prescribed person, or a person belonging to a prescribed class of persons; or

(4) Any person referred to in subsection (3) is entitled to appear and to give evidence at the hearing of an application under this section but the absence of that person does not prevent the court from making an order.

(5) The applicant for an order under subsection (1) must give written notice of the application to each other person referred to in subsections (3)(a) to (3)(d) who could have applied for the order.

(6) Examples of the kind of order that the court may make under subsection (1) are—

(a) an order varying the property to which the civil forfeiture restraining order relates;

(b) an order varying any condition to which the civil forfeiture restraining order is subject;

(c) an order providing for the reasonable living expenses and reasonable business expenses of any person referred to in section 36H(4);

(d) an order relating to the carrying out of any undertaking given under section 36H(7) in relation to the civil forfeiture restraining order;

(f) an order directing any person whose property the civil forfeiture restraining order relates to or any other person to furnish to such person as the court directs, within the period specified in the order, a statement, verified by the oath or affirmation of that person, setting out such particulars of the property to which the civil forfeiture restraining order relates as the court thinks proper;

(g) an order directing any relevant registration authority not to register any instrument affecting property to which the civil forfeiture restraining order relates while it is in force except in accordance with the order;

S. 36W(6)(h) amended by No. 55/2014 s. 57(a).

(h) if the civil forfeiture restraining order did not direct a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property in accordance with section 36H(3), an order directing a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property at any later time specified in the order under subsection (1);