Prevention of Social Housing Fraud Bill (HC Bill 16)

in respect of the offence an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2012.”

8 In section 130 (compensation orders), after subsection (12) insert—

“(13) In a case where the court considers that it would be appropriate to
5make an unlawful profit order under section 4 of the Prevention of
Social Housing Fraud Act 2012, the reference in subsection (12) to
appropriate compensation is to the compensation that would be
appropriate having regard to the unlawful profit order.”

9 In section 142(1) (power of Crown Court to order defendant to be searched
10on imposing fine or making various orders), after paragraph (c) insert—

“(ca) the Crown Court makes an unlawful profit order under
section 4 of the Prevention of Social Housing Fraud Act 2012
against a person,”.

Proceeds of Crime Act 2002 (c. 29)2002 (c. 29)

10 15The Proceeds of Crime Act 2002 is amended as follows.

11 In section 6 (making of confiscation order), after subsection (6) insert—

“(6A) The court must also treat the duty in subsection (5) as a power if it
believes that a person has at any time started or intends to start
proceedings against the defendant under section 5 (unlawful profit
20orders) of the Prevention of Social Housing Fraud Act 2012 in respect
of profit made by the defendant in connection with the conduct.”

12 (1) Section 13 (effect of confiscation order on court’s other powers) is amended
as follows.

(2) In subsection (3) (confiscation order to be taken into account before making
25certain orders), in paragraph (a) (orders other than compensation orders),
after “(compensation orders)” insert “or an order under section 4 of the
Prevention of Social Housing Fraud Act 2012 (unlawful profit orders)”.

(3) In subsection (5) (confiscation order and compensation order in same
proceedings)—

(a) 30for paragraph (a) substitute—

“(a) the Crown Court makes—

(i) both a confiscation order and a compensation
order under section 130 of the Sentencing Act,

(ii) both a confiscation order and an unlawful
35profit order under section 4 of the Prevention
of Social Housing Fraud Act 2012, or

(iii) a confiscation order, a compensation order
and an unlawful profit order,

against the same person in the same proceedings,”,
40and”

(b) in paragraph (b), after “both the orders” insert “or all the orders”.

(4) In subsection (6) (payment of compensation out of sums recovered under
confiscation order), after “compensation” insert “or amount payable under
the unlawful profit order (or both)”.

13 45In section 14(12) (quashing of confiscation order on ground of defect in

connection with postponement permitted where certain fines and orders
made before confiscation order), at the end of paragraph (c) insert—

“(d) made an order under section 4 of the Prevention of Social
Housing Fraud Act 2012 (unlawful profit orders).”

14 (1) 5Section 15 (effect of postponement of confiscation proceedings) is amended
as follows.

(2) In subsection (2) (power to sentence defendant during postponement not to
cover imposing fines or certain orders)—

(a) omit the “or” at the end of paragraph (b), and

(b) 10at the end of paragraph (c) insert “, or

(d) make an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2012.”

(3) In subsection (3) (power, after sentencing during postponement, to vary
sentence to impose fines or certain orders)—

(a) 15omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert “, or

(d) making an unlawful profit order under section 4 of
the Prevention of Social Housing Fraud Act 2012.”

15 (1) Section 19 (reconsideration of case after confiscation order not made) is
20amended as follows.

(2) In subsection (7) (fines and orders to be taken into account in arriving at the
just amount), at the end of paragraph (d) insert “;

(e) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
25under section 4 of the Prevention of Social Housing Fraud
Act 2012 (unlawful profit orders).”

(3) In subsection (8) (disapplication of section 13(5) and (6) where compensation
order made), after “Sentencing Act” insert “or an unlawful profit order
under section 4 of the Prevention of Social Housing Fraud Act 2012”.

16 (1) 30Section 20 (reconsideration of benefit after confiscation order not made) is
amended as follows.

(2) In subsection (11) (fines and orders to be taken into account in arriving at the
just amount), at the end of paragraph (d) insert “;

(e) any order which has been made against the defendant in
35respect of the offence (or any of the offences) concerned
under section 4 of the Prevention of Social Housing Fraud
Act 2012 (unlawful profit orders).”

(3) In subsection (12) (disapplication of section 13(5) and (6) where
compensation order made), after “Sentencing Act” insert “or an unlawful
40profit order under section 4 of the Prevention of Social Housing Fraud Act
2012”.

17 (1) Section 21 (reconsideration of benefit after confiscation order made) is
amended as follows.

(2) In subsection (9) (fines and orders to be taken into account in arriving at the

just amount), at the end of paragraph (c) insert “;

(d) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 4 of the Prevention of Social Housing Fraud
5Act 2012 (unlawful profit orders).”

(3) In subsection (10) (court not to take account of compensation order if
direction made under section 13(6)), after “(9)(c)” insert “or (d)”.

18 (1) Section 22 (reconsideration of available amount after confiscation order
made) is amended as follows.

(2) 10In subsection (5) (fines and orders to be taken into account in arriving at the
just amount), at the end of paragraph (c) insert “;

(d) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 4 of the Prevention of Social Housing Fraud
15Act 2012 (unlawful profit orders).”

(3) In subsection (6) (court not to take account of compensation order if
direction made under section 13(6)), after “(5)(c)” insert “or (d)”.

19 In section 32(7) (Court of Appeal’s power on appeal: duty to have regard to
compensation order), after “orders)” insert “or section 4 of the Prevention of
20Social Housing Fraud Act 2012 (unlawful profit orders)”.

20 In section 33(9) (Crown Court’s powers following appeal to Supreme Court:
duty to have regard to compensation order), after “orders)” insert “or section
4 of the Prevention of Social Housing Fraud Act 2012 (unlawful profit
orders)”.

21 25In section 55(5) (application of sums received under confiscation order to
pay compensation), after “compensation” insert “or all or part of an amount
payable under an unlawful profit order”.

22 In section 308 (general exceptions to concept of recoverable property), after
subsection (7) insert—

“(7A) 30If—

(a) a payment is made to a person in pursuance of an unlawful
profit order under section 4 of the Prevention of Social
Housing Fraud Act 2012, and

(b) apart from this subsection, the sum received would be
35recoverable property,

the property ceases to be recoverable.”

Courts Act 2003 (c. 39)2003 (c. 39)

23 Schedule 5 to the Courts Act 2003 (collection of fines and other sums
adjudged to be paid on conviction) is amended as follows.

24 40In paragraph 2(2) (interpretation), after the definition of “a sum required to
be paid by a compensation order” insert “; and

• a sum required to be paid by an unlawful profit order” means
  any sum required to be paid by an order made under section
  4 of the Prevention of Social Housing Fraud Act 2012.”

25 In paragraph 7A (attachment of earnings order or application for benefit
deduction where person liable to pay compensation), in sub-paragraph (1),
after “a compensation order” insert “or an unlawful profit order”.

26 In paragraph 13(1)(aa) (requirement for collection order to state amount of
5fine or amount payable under collection order)—

(a) for “or a sum required to be paid by a compensation order”,
substitute “, a sum required to be paid by a compensation order or a
sum required to be paid by an unlawful profit order”, and

(b) for sub-paragraph (i) substitute—

“(i) 10the amount of the fine, the amount required to
be paid by the compensation order or the
amount required to be paid by the unlawful
profit order (or, where that sum consists of or
includes two or more of those amounts, each
15of those amounts),”.

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

27 The Criminal Justice Act 2003 is amended as follows.

28 In section 151 (community order or youth rehabilitation order for persistent
offender previously fined), in subsection (5) (fine not to include
20compensation order, surcharge etc), after “section 161A” insert “, or an
unlawful profit order under section 4 of the Prevention of Social Housing
Fraud Act 2012”.

29 (1) Section 161A (court’s duty to order payment of surcharge) is amended as
follows.

(2) 25In subsection (3) (reduction of surcharge where compensation order
made)—

(a) in paragraph (a), after “compensation order” insert “or an unlawful
profit order (or both)”, and

(b) in paragraph (b), after “appropriate compensation” insert “or both
30the surcharge and an appropriate amount under the unlawful profit
order (or the surcharge, appropriate compensation and an
appropriate amount under the unlawful profit order)”.

(3) After subsection (4) insert—

“(5) In this section “unlawful profit order” means an unlawful profit
35order under section 4 of the Prevention of Social Housing Fraud Act
2012.”

Armed Forces Act 2006 (c. 52)2006 (c. 52)

30 In the section 270A of the Armed Forces Act 2006 inserted by paragraph
20(2) of Schedule 3 to the Armed Forces Act 2011 (exceptions to restrictions
40on community punishments), in subsection (6) (orders which do not form
part of an offender’s sentence), at the end of paragraph (c) insert “;

(d) an unlawful profit order under section 4 of the Prevention of
Social Housing Fraud Act 2012.”