| Amendments proposed to the Proceeds of Crime Bill - continued | House of Commons |
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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 348 That Clause 283 be transferred to the end of line 21 on page 178.
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'.
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—
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