| Amendments proposed to the Proceeds of Crime Bill - continued | House of Commons |
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Mr Bob Ainsworth 131 Clause 215, page 131, line 3, at end insert—'(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 200(2)(d).'
Mr Bob Ainsworth 132 Clause 215, page 131, line 7, at end add—'(5) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.'
Mr Bob Ainsworth 133 Clause 235, page 141, line 23, leave out from 'security' to end of line 24.
Mr Bob Ainsworth 308 *Clause 246, page 145, line 26, after 'court', insert 'or sheriff'.
Mr Bob Ainsworth 309 *Schedule 3, page 262, line 20, leave out from 'may' to end of line 22 and insert 'not be used in evidence against him in criminal proceedings.
Mr Bob Ainsworth 310 *Schedule 3, page 262, line 29, leave out '(3)(c)' and insert '(3A)(c)'.
Mr Bob Ainsworth 311 *Clause 255, page 149, line 16, leave out 'in relation to recoverable property'.
Mr Bob Ainsworth 312 *Clause 271, page 156, line 16, after 'tenancy', insert 'and
Mr Bob Ainsworth 313 *Clause 271, page 156, line 18, leave out from 'to' to end of line 19 and insert 'that loss and to any other relevant circumstances'.
Mr Bob Ainsworth 314 *Clause 272, page 157, line 16, at end insert 'and to any other relevant circumstances'.
Mr Bob Ainsworth 315 *Clause 273, page 157, line 27, leave out 'and' and insert 'to'.
Mr Bob Ainsworth 316 *Clause 276, page 159, line 38, leave out '275' and insert '272'.
Mr Bob Ainsworth 317 *Clause 276, page 159, line 39, after first 'and', insert 'and sections 273 to 275 apply to such an order only in accordance with section [Consent orders: pensions].( )'.
Mr Bob Ainsworth 318 *Clause 279, page 161, line 41, at end insert 'or which he obtained in pursuance of a recovery order'.
Mr Bob Ainsworth 319 *Clause 279, page 161, line 42, at end insert 'or obtained by him in pursuance of a recovery order'.
Mr Bob Ainsworth 320 *Clause 279, page 161, leave out line 43.
Mr Bob Ainsworth 348 *That Clause 283 be transferred to the end of line 21 on page 178.
Mr Bob Ainsworth 345 *Clause 283, page 163, line 42, leave out 'the High Court' and insert 'courts'.
Mr Bob Ainsworth 346 *Clause 283, page 163, line 43, leave out 'Chapter' and insert 'Part'.
Mr Bob Ainsworth 347 *Clause 283, page 164, line 1, leave out from 'court' to end of line 2.
Mr Bob Ainsworth 321 *Clause 288, page 167, line 32, leave out paragraph (b) and insert—
Mr Bob Ainsworth 322 *Clause 288, page 167, line 35, leave out subsection (7) and insert—'(7) Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by an order made after consultation with the Scottish Ministers'.
Mr Bob Ainsworth 323 *Clause 289, page 168, line 22, after first 'the', insert 'customs'.
Mr Bob Ainsworth 324 *Clause 290, page 169, line 2, leave out from 'exercised' to end of line 3 and insert 'in cases where the customs officer or constable who exercised them is required to give a report under section 289(6)'.
Mr Bob Ainsworth 325 *Clause 293, page 170, line 14, at end insert—'(1A) A customs officer or constable may also seize cash part of which he has reasonable grounds for suspecting to be—
Mr Bob Ainsworth 326 *Clause 294, page 170, line 41, leave out from beginning to 'is' and insert 'with which the cash'.
Mr Bob Ainsworth 327 *Clause 294, page 171, line 1, leave out subsection (6).
Mr Bob Ainsworth 328 *Clause 294, page 171, leave out lines 8 to 11 and insert 'that there are reasonable grounds for suspecting that the cash is intended to be used in unlawful conduct and that either—
Mr Bob Ainsworth 329 *Clause 295, page 171, line 17, at end insert—'( ) In the case of cash seized under section 293(1A), the customs officer or constable must, on paying it into the account, release so much of the cash then held in the account as is not attributable to cash which is—
Mr Bob Ainsworth 330 *Clause 296, page 171, line 25, leave out from second 'the' to end of line 27 and insert 'conditions in section 294 for the detention of the cash are no longer met in relation to the cash to be released'.
Mr Bob Ainsworth 331 *Clause 296, page 171, line 33, leave out from 'forfeiture' to 'until' and insert 'under section 297, or for its release under section [Victims], is made'.
Mr Bob Ainsworth 332 *Clause 296, page 171, line 39, leave out subsection (6).
Mr Bob Ainsworth 333 *Clause 297, page 172, line 16, leave out subsections (4) and (5).
Mr Bob Ainsworth 334 *Clause 297, page 172, line 29, leave out subsection (6).
Mr Bob Ainsworth 335 *Clause 300, page 173, line 20, leave out subsections (2) and (3) and insert—'(1A) If, for any period after the initial detention of the cash for 48 hours, the cash was not held in an interest-bearing account while detained, the court or sheriff may order an amount of compensation to be paid to the applicant. (1B) The amount of compensation to be paid under subsection (1A) is the amount the court or sheriff thinks would have been earned in interest in the period in question if the cash had been held in an interest-bearing account. (1C) If the court or sheriff is satisfied that, taking account of any interest to be paid under section 295 or any amount to be paid under subsection (1A), the applicant has suffered loss as a result of the detention of the cash and that the circumstances are exceptional, the court or sheriff may order compensation (or additional compensation) to be paid to him. (1D) The amount of compensation to be paid under subsection (1C) is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances'.
Mr Bob Ainsworth 336 *Clause 300, page 173, line 41, leave out '297(5)' and insert '[Victims]'.
Mr Bob Ainsworth 337 *Clause 302, page 174, line 17, leave out 'Property' and insert 'Recoverable property obtained through unlawful conduct'.
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