Section 108Part 2 — The Financial Reporting Authority
Compensation
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Where, in the case of any property to which an interim receiving order has at any time applied, the court does not in the course of the proceedings decide that the property is recoverable property or associated property, the person whose property it is may make an application to the court for compensation.
Subsection (1) does not apply if the court —
has made a declaration in respect of the property by virtue of section 106 ; or
makes an order under section 102 .
Where the court has made a decision by reason of which no recovery order could be made in respect of the property, the application for compensation shall be made within the period of three months beginning with the date of the decision or, if any application is made for leave to appeal, within the date on which the application is withdrawn or refused or (if the applicati on is granted) the date on which any proceedings on appeal are finally concluded.
If the proceedings in respect of the property have been discontinued, the application for compensation shall be made within the period of three months beginning with the discontinuance.
Where the court is satisfied that the applicant has suffered loss as a result of the interim receiving order, it may require the Director of Public Prosecutions to pay compensation to that person .
Where, but for section 98 (2), any r ight mentioned there would have operated in favour of, or become exercisable by, any person, that person may make an application to the court for compensation.
The application for compensation under subsection (6) shall be made within the period of thr ee months beginning with the vesting referred to in section 98(2).
Where the court is satisfied that, in consequence of the operation of section 98, the right in question cannot subsequently operate in favour of the applicant or (as the case may be) be come exercisable by that person , it may require the Director of Public Prosecutions to pay compensation to that person .
The amount of compensation to be paid under this section is the amount the court thinks reasonable, having regard to the loss suffer ed and any other relevant circumstances.