House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 5 February 2013
138

Crime and Courts Bill-[Lords], continued

Saving

29
The powers conferred by section 177, 178 and 222 of the Extradition Act 2003

are exercisable in relation to any amendment of that Act made by this Part of

this Schedule.’.

Civil recovery of the proceeds etc of unlawful conduct

Mr Jeremy Browne

NC12

To move the following Clause:—

‘(1)
Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of

unlawful conduct) is amended as follows.

(2)
After section 282 insert—

“Scope of powers

282A
Scope of powers

(1)
An order under this Chapter may be made by the High Court or the Court

of Session—

(a)
in respect of property wherever situated, and

(b)
in respect of a person wherever domiciled, resident or present,


subject to subsection (2).

(2)
Such an order may not be made by the High Court or the Court of Session

in respect of—

(a)
property that is outside the United Kingdom, or

(b)
property that is in the United Kingdom but outside the relevant

part of the United Kingdom,


unless there is or has been a connection between the case and the relevant

part of the United Kingdom.

(3)
The circumstances in which there is or has been such a connection

include those described in Schedule 7A.

(4)
“The relevant part of the United Kingdom” means—

(a)
in relation to an order made by the High Court in England and

Wales, England and Wales,

(b)
in relation to an order made by the High Court in Northern

Ireland, Northern Ireland, and

(c)
in relation to an order made by the Court of Session, Scotland.”

(3)
After Schedule 7 insert—

“Schedule 7A

Section 282A

Connection with relevant part of United Kingdom

Unlawful conduct

1
There is a connection where the unlawful conduct occurred entirely or

partly in the relevant part of the United Kingdom.

Notices of Amendments: 5 February 2013
139

Crime and Courts Bill-[Lords], continued

Property

2
There has been a connection where the property in question has been

in the relevant part of the United Kingdom, but only if it was

recoverable property in relation to the unlawful conduct for some or

all of the time it was there.

3
There is a connection where there is other property in the relevant part

of the United Kingdom that is recoverable property in relation to the

unlawful conduct.

4
There has been a connection where, at any time, there has been other

property in the relevant part of the United Kingdom that, at the time,

was recoverable property in relation to the unlawful conduct.

Person

5    (1)
There is or has been a connection where a person described in sub-

paragraph (2)—

(a)
is linked to the relevant part of the United Kingdom,

(b)
was linked to that part of the United Kingdom at a time when

the unlawful conduct, or some of the unlawful conduct, was

taking place, or

(c)
has been linked to that part of the United Kingdom at any time

since that conduct took place.

      (2)
Those persons are—

(a)
a person whose conduct was, or was part of, the unlawful

conduct;

(b)
a person who was deprived of property by the unlawful

conduct;

(c)
a person who holds the property in question;

(d)
a person who has held the property in question, but only if it

was recoverable property in relation to the unlawful conduct

at the time;

(e)
a person who holds other property that is recoverable property

in relation to the unlawful conduct;

(f)
a person who, at any time, has held other property that was

recoverable property in relation to the unlawful conduct at the

time.

      (3)
A person is linked to the relevant part of the United Kingdom if the

person is—

(a)
a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen,

(b)
a person who, under the British Nationality Act 1981, is a

British subject,

(c)
a British protected person within the meaning of that Act,

(d)
a body incorporated or constituted under the law of any part

of the United Kingdom, or

(e)
a person domiciled, resident or present in the relevant part of

the United Kingdom.

Notices of Amendments: 5 February 2013
140

Crime and Courts Bill-[Lords], continued

Property held on trust

6    (1)
There is a connection where the property in question is property held

on trust, or an interest in property held on trust, and—

(a)
the trust arises under the law of any part of the United

Kingdom,

(b)
the trust is entirely or partly governed by the law of any part

of the United Kingdom,

(c)
one or more of the trustees is linked to the relevant part of the

United Kingdom, or

(d)
one or more of the beneficiaries of the trust is linked to the

relevant part of the United Kingdom.

      (2)
A person is linked to the relevant part of the United Kingdom if the

person falls within paragraph 5(3).

      (3)
“Beneficiaries” includes beneficiaries with a contingent interest in the

trust property and potential beneficiaries.

Interpretation

7
“The relevant part of the United Kingdom” has the meaning given in

section 282A(4).

8
“The unlawful conduct” means—

(a)
in a case in which the property in question was obtained

through unlawful conduct, that conduct,

(b)
in a case in which the property in question represents property

obtained through unlawful conduct, that conduct, or

(c)
in a case in which it is shown that the property in question was

obtained through unlawful conduct of one of a number of

kinds or represents property so obtained (see section

242(2)(b)), one or more of those kinds of conduct.”

(4)
Omit section 286 (scope of powers: Scotland).

(5)
In section 316 (general interpretation), after subsection (8A) insert—

“(8B)
An enforcement authority in relation to a part of the United Kingdom

may take proceedings there for an order under Chapter 2 of this Part in

respect of any property or person, whether or not the property or person

is (or is domiciled, resident or present) in that part of the United

Kingdom.”

(6)
In Schedule [Proceeds of crime: civil recovery of the proceeds etc of unlawful

conduct] (proceeds of crime: civil recovery of the proceeds etc of unlawful

conduct)—

(a)
Part 1 makes provision about the enforcement of interim orders in the

United Kingdom, and

(b)
Part 2 makes provision about enforcement where property or evidence is

outside the United Kingdom.

(7)
The amendments made by this section and Part 2 of Schedule [Proceeds of crime:

civil recovery of the proceeds etc of unlawful conduct] are deemed always to have

had effect.

(8)
The amendments made by this section and Schedule [Proceeds of crime: civil

recovery of the proceeds etc of unlawful conduct] do not affect the extent to

which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part

Notices of Amendments: 5 February 2013
141

Crime and Courts Bill-[Lords], continued

5), or of any other enactment, apply in respect of persons or property outside the

United Kingdom or outside a particular part of the United Kingdom.’.

Mr Jeremy Browne

NS2

To move the following Schedule:—

‘Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct

Part 4

Enforcement of Interim orders in the United Kingdom

1
Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of

UK judgments in other parts of UK) is amended as follows.

2
In subsection (5)(d) (provisional measures), at the end insert “or an interim

order made in connection with the civil recovery of proceeds of unlawful

conduct”.

3
After subsection (6) insert—

“(6A)
In subsection (5)(d), “an interim order made in connection with the

civil recovery of proceeds of unlawful conduct” means any of the

following made under Chapter 2 of Part 5 of the Proceeds of Crime

Act 2002—

(a)
a property freezing order or prohibitory property order;

(b)
an order under section 245E or 245F of that Act (order relating

to receivers in connection with property freezing order);

(c)
an interim receiving order or interim administration order.”

Part 5

Property or evidence outside the United Kingdom

4
Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of

unlawful conduct) is amended as follows.

5
In section 280 (applying realised proceeds), in subsection (1), for “This section

applies to” substitute “Subsection (2) applies to sums which are in the hands

of the trustee for civil recovery if they are”.

6
After section 282A insert—

“Enforcement outside the United Kingdom

282B
Enforcement abroad before recovery order: enforcement authority

(1)
This section applies if—

(a)
the property freezing conditions are met in relation to

property,

(b)
the property is not property to which a recovery order applies,

and

(c)
an enforcement authority believes that the property is in a

country outside the United Kingdom (the receiving country).

(2)
The property freezing conditions are—

(a)
in England and Wales and Northern Ireland, the conditions in

section 245A(5) and (6), and

Notices of Amendments: 5 February 2013
142

Crime and Courts Bill-[Lords], continued

(b)
in Scotland, the conditions in section 255A(5) and (6),


and, for the purposes of this subsection, the references in those

provisions to property to which the application for the order relates are

to be read as references to the property mentioned in subsection (1)(a).

(3)
The enforcement authority may send a request for assistance in

relation to the property to the Secretary of State with a view to it being

forwarded under this section.

(4)
The Secretary of State may forward the request for assistance to the

government of the receiving country.

(5)
A request for assistance under this section is a request to the

government of the receiving country—

(a)
to secure that any person is prohibited from dealing with the

property;

(b)
for assistance in connection with the management of the

property, including with securing its detention, custody or

preservation.

282C
Enforcement abroad before recovery order: receiver or administrator

(1)
This section applies if—

(a)
a property freezing order has effect in relation to property, and

(b)
the receiver appointed under section 245E in respect of the

property believes that it is in a country outside the United

Kingdom (the receiving country).

(2)
This section also applies if—

(a)
an interim receiving order or interim administration order has

effect in relation to property, and

(b)
the interim receiver or interim administrator believes that the

property is in a country outside the United Kingdom (the

receiving country).

(3)
The receiver or administrator may send a request for assistance in

relation to the property to the Secretary of State with a view to it being

forwarded under this section.

(4)
The Secretary of State must forward the request for assistance to the

government of the receiving country.

(5)
A request for assistance under this section is a request to the

government of the receiving country—

(a)
to secure that any person is prohibited from dealing with the

property;

(b)
for assistance in connection with the management of the

property, including with securing its detention, custody or

preservation.

282D
Evidence overseas: interim receiver or interim administrator

(1)
This section applies if—

(a)
an interim receiving order or interim administration order has

effect in relation to property, and

(b)
the order requires the interim receiver or interim administrator

to take steps to establish a matter described in section

247(2)(a) or (b) or 257(2)(a) or (b).

Notices of Amendments: 5 February 2013
143

Crime and Courts Bill-[Lords], continued

(2)
The interim receiver or interim administrator may request assistance

under this section if the interim receiver or interim administrator

thinks that there is relevant evidence in a country outside the United

Kingdom.

(3)
A judge of the High Court may request assistance under this section

if—

(a)
an application is made by the interim receiver or by a person

subject to investigation by the interim receiver, and

(b)
the judge thinks that there is relevant evidence in a country

outside the United Kingdom.

(4)
A judge of the Court of Session may request assistance under this

section if—

(a)
an application is made by the interim administrator or by a

person subject to investigation by the interim administrator,

and

(b)
the judge thinks that there is relevant evidence in a country

outside the United Kingdom.

(5)
The assistance that may be requested under this section is assistance in

obtaining outside the United Kingdom relevant evidence specified in

the request.

(6)
Relevant evidence is—

(a)
in relation to an application or request made for the purposes

of an investigation by an interim receiver, evidence as to a

matter described in section 247(2)(a) or (b);

(b)
in relation to an application or request made for the purposes

of an investigation by an interim administrator, evidence as to

a matter described in section 257(2)(a) or (b).

(7)
A request for assistance under this section may be sent—

(a)
to a court or tribunal which is specified in the request and

which exercises jurisdiction in the place where the evidence is

to be obtained,

(b)
to the government of the country concerned, or

(c)
to an authority recognised by the government of the country

concerned as the appropriate authority for receiving requests

for assistance of that kind.

(8)
Alternatively, a request for assistance under this section may be sent

to the Secretary of State with a view to it being forwarded to a court,

tribunal, government or authority mentioned in subsection (7).

(9)
The Secretary of State must forward the request for assistance to the

court, tribunal, government or authority.

(10)
In a case of urgency, a request for assistance under this section may be

sent to—

(a)
the International Criminal Police Organisation, or

(b)
any person competent to receive it under any provisions

adopted under the EU Treaties,


for forwarding to the court, tribunal, government or authority

mentioned in subsection (7).

Notices of Amendments: 5 February 2013
144

Crime and Courts Bill-[Lords], continued

(11)
Rules of court may make provision as to the practice and procedure to

be followed in connection with proceedings relating to requests for

assistance made by a judge under this section.

(12)
“Evidence” includes documents, information in any other form and

material.

282E
Evidence overseas: restrictions on use

(1)
This section applies to evidence obtained by means of a request for

assistance under section 282D.

(2)
The evidence must not be used for any purpose other than—

(a)
for the purposes of carrying out the functions of the interim

receiver or interim administrator, or

(b)
for the purposes of proceedings under this Chapter of this Part

in respect of property described in subsection (3) or any

proceedings arising out of such proceedings.

(3)
That property is—

(a)
the property that is the subject of the interim receiving order

or interim administration order, or

(b)
other property that is recoverable property in respect of the

same unlawful conduct.

(4)
Subsection (2) does not apply if the court, tribunal, government or

authority to whom the request for assistance was sent consents to the

use.

(5)
In Scotland, the evidence may be received in evidence without being

sworn to by anyone, so far as that may be done without unfairness to

any party.

282F
Enforcement abroad: after recovery order

(1)
This section applies if—

(a)
a recovery order has effect in relation to property, and

(b)
the enforcement authority or the trustee for civil recovery

believes that the property is in a country outside the United

Kingdom (the receiving country).

(2)
The enforcement authority or trustee for civil recovery may send a

request for assistance in relation to the property to the Secretary of

State with a view to it being forwarded under this section.

(3)
The Secretary of State may forward a request for assistance from the

enforcement authority to the government of the receiving country.

(4)
The Secretary of State must forward a request for assistance from the

trustee for civil recovery to the government of the receiving country.

(5)
A request for assistance is a request to the government of the receiving

country for assistance in connection with the management and

disposal of the property and includes a request—

(a)
to secure the detention, custody or preservation of the

property;

(b)
in the case of money, to secure that it is applied in accordance

with the law of the receiving country;



© Parliamentary copyright	Revised 6 February 2013