(1) Where -
(a) this section applies, and
(b) the person who applied for the order under section 303Z41 (on the one hand) and the person who holds the associated property or who is the excepted joint owner (on the other hand) agree,
the magistrates' court or sheriff may, instead of making an order under section 303Z41(4), make an order requiring the person who holds the associated property or who is the excepted joint owner to make a payment to a person identified in the order.
(2) The amount of the payment is (subject to subsection (3)) to be the amount which the persons referred to in subsection (1)(b) agree represents -
(a) in a case where this section applies by virtue of section 303Z43(1), the value of the forfeitable property;
(b) in a case where this section applies by virtue of section 303Z43(2), the value of the forfeitable property less the value of the excepted joint owner's share.
(3) The amount of the payment may be reduced if the person who applied for the order under sec
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