| Amendments proposed to the Proceeds of Crime Bill - continued | House of Commons |
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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'.
Mr Bob Ainsworth 338 Clause 303, page 174, line 27, leave out 'the original property or of' and insert 'recoverable property, whether the original property or'.
Mr Bob Ainsworth 339 Clause 303, page 174, line 31, after 'of', insert 'recoverable'.
Mr Bob Ainsworth 340 Clause 310, page 178, line 25, at end insert 'or (7)'.
Mr Bob Ainsworth 341 Clause 310, page 179, line 14, leave out 'by virtue of section 267' and insert 'under section 267 (including one made by virtue of section 276)'.
Mr Bob Ainsworth 342 Clause 310, page 179, line 43, at end add—'( ) Proceedings against any person for an offence are concluded when—
NEW CLAUSES RELATING TO PART 5Consent orders: pensions
Mr Bob Ainsworth NC8 To move the following Clause:—'(1) This section applies where recoverable property to which proceedings under this Chapter relate includes rights under a pension scheme. (2) A recovery order made by virtue of section 276—
(5) The following provisions apply in respect of a recovery order made by virtue of section 276, so far as it includes the requirement mentioned in subsection (3). (6) The order overrides the provisions of the pension scheme to the extent that they conflict with the requirement. (7) The order may provide for the recovery by the trustees or managers of the scheme (whether by deduction from any amount which they are required to pay in pursuance of the agreement or otherwise) of costs incurred by them in—
(9) Section 275(3) to (6) has effect for the purposes of this section.'.
Victims
Mr Bob Ainsworth NC9 To move the following Clause:—'(1) A person who claims that any cash detained under section 294, or any part of it, belongs to him may apply to a magistrates' court or (in Scotland) the sheriff for the cash or part to be released to him. (2) The application may be made in the course of proceedings under section 294 or 297 or at any other time. (3) If it appears to the court or sheriff concerned that—
Mr Bob Ainsworth 283 Clause 320, page 185, line 23, leave out 'or a pecuniary advantage'.
Mr Bob Ainsworth 284 Clause 320, page 185, line 24, at end insert—'(5A) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.'.
Mr Bob Ainsworth 285 Clause 320, page 185, line 28, leave out 'or pecuniary advantage'.
Mr Oliver Letwin 97 Clause 324, page 187, line 33, at end insert ', and he was directly involved in the activities by virtue of which the business is regulated.'.
Mr Oliver Letwin 99 Clause 324, page 187, line 35, after 'customs officer', insert 'Inland Revenue officer'.
Mr Oliver Letwin 98 Clause 324, page 187, line 40, after 'adviser', insert 'or chartered accountant or chartered taxation adviser'.
Mr Oliver Letwin 100 Clause 324, page 188, line 6, after 'employer', insert 'or, as the case may be, his firm, company or voluntary organisation.'.
Mr Bob Ainsworth 286 Clause 329, page 190, line 40, leave out 'or a pecuniary advantage'.
Mr Bob Ainsworth 287 Clause 329, page 190, line 41, at end insert—'(5A) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.'.
Mr Bob Ainsworth 288 Clause 329, page 191, line 4, leave out 'or pecuniary advantage'.
Mr Bob Ainsworth 289 Clause 329, page 191, line 6, leave out subsection (8) and insert—'(8) Property is all property wherever situated and includes—
Mr George Foulkes 267 Clause 329, page 191, line 19, leave out 'but excluding a lease which is not a long lease'.
Mr Bob Ainsworth 290 Clause 337, page 195, line 2, leave out 'may' and insert 'does'.
Mr Bob Ainsworth 291 Clause 341, page 197, line 25, after 'constable' insert 'or a customs officer'.
Mr Bob Ainsworth 292 Clause 342, page 199, line 7, after 'constable' insert 'or a customs officer'.
Mr Bob Ainsworth 293 Clause 352, page 203, line 27, leave out 'a senior' and insert 'an'.
Mr Bob Ainsworth 294 Clause 357, page 206, line 36, leave out subsections (1) to (3).
Mr Bob Ainsworth 295 Clause 358, page 207, line 5, at end insert—'(1A) An accredited financial investigator, constable or customs officer may not make an application for a customer information order unless he is authorised to do so by a senior appropriate officer.'.
Mr Bob Ainsworth 296 Clause 358, page 207, line 16, leave out 'police officer' and insert 'constable'.
Mr Bob Ainsworth 297 Clause 358, page 207, line 18, leave out 'police officer' and insert 'constable'.
Mr Bob Ainsworth 298 Clause 359, page 208, line 10, leave out 'application' and insert 'order'.
Mr Bob Ainsworth 299 Clause 362, page 209, line 7, leave out subsections (2) to (4).
Mr Bob Ainsworth 300 Clause 363, page 209, line 15, leave out subsections (1) to (3).
Mr Bob Ainsworth 301 Clause 432, page 251, line 16, at end insert—'(4A) Property is obtained by a person if he obtains an interest in it. (4B) References to an interest, in relation to property other than land, include references to a right (including a right to possession).'.
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