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Mr Bob Ainsworth
579
Clause 411, page 236, leave out lines 22 to 24.
Mr George Foulkes
596
Clause 411, page 236, leave out lines 25 to 27 and insert—
| '(d) | any property in respect of which an order is in force under section 129(3)' |
Mr Bob Ainsworth
580
Clause 411, page 236, line 28, leave out from 'which' to end of line 29 and insert 'an order under section 201 or 203 is in force;'.
Mr Bob Ainsworth
581
Clause 411, page 236, leave out lines 30 to 32.
Mr George Foulkes
597
Clause 412, page 237, line 43, after 'alienations)' insert ', or otherwise,'
Mr Bob Ainsworth
582
Clause 413, page 238, line 36, leave out from 'which' to end of line 37 and insert 'an order under section 50 or 52 is in force;'.
Mr Bob Ainsworth
583
Clause 413, page 238, leave out lines 38 to 40.
Mr George Foulkes
598
Clause 413, page 238, leave out lines 41 to 43 and insert—
| '(d) | any property in respect of which an order is in force under section 129(3)' |
Mr Bob Ainsworth
584
Clause 413, page 238, line 44, leave out from 'which' to end of line 45 and insert 'an order under section 201 or 203 is in force;'.
Mr Bob Ainsworth
585
Clause 413, page 239, leave out lines 1 to 3.
Mr Bob Ainsworth
586
Clause 415, page 240, line 40, leave out from 'which' to end of line 41 and insert 'an order under section 50 or 52 is in force;'.
Mr Bob Ainsworth
587
Clause 415, page 240, leave out lines 42 to 44.
Mr George Foulkes
599
Clause 415, page 241, leave out lines 1 to 3 and insert—
| '(d) | any property in respect of which an order is in force under section 129(3)' |
Mr Bob Ainsworth
588
Clause 415, page 241, line 4, leave out from 'which' to end of line 5 and insert 'an order under section 201 or 203 is in force;'.
Mr Bob Ainsworth
589
Clause 415, page 241, leave out lines 6 to 8.
Mr George Foulkes
600
Clause 418, page 243, line 29, after 'receiver' insert 'or the Accountant in Bankruptcy'
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
439
Clause 424, page 246, line 34, leave out subsection (2).
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).'.
Mr Bob Ainsworth
516
Schedule 8, page 270, line 23, after 'Part 2', insert 'or 3'.
Mr Bob Ainsworth
343
Schedule 8, page 271, line 8, leave out from '3' to end of line 14 and insert '(courts of summary jurisdiction), after sub-paragraph (i) insert—
| "(j) | proceedings under sections 294, 296, 297, [Victims] and 300 of the Proceeds of Crime Act 2001".'. |
Mr George Foulkes
601
Schedule 8, page 272, line 21, at end insert—
| 11A. | (1) | The Bankruptcy (Scotland) Act 1985 is amended as follows. |
| | (2) | In section 5(4) (meaning of "qualified creditor") for the words from "has the meaning" to "1995" substitute "means a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002".' |
| | (3) | In section 7(1) (meaning of "apparent insolvency") for the words from "has the meaning assigned" where second occurring to "said Act of 1994" where second occurring substitute " "confiscation order" and "restraint order" mean a confiscation order or a restraint order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002". |
| | (4) | After section 31 (vesting of estate at date of sequestration) insert— |
"31A Property subject to restraint order (1) This section applies where—
| (a) | property is excluded from the debtor's estate by virtue of section 405(2)(a) of the Proceeds of Crime Act 2002 (property subject to a restraint order), |
| (b) | an order under section 50, 52, 129, 201 or 203 of that Act has not been made in respect of the property, and |
| (c) | the restraint order is discharged. |
(2) On the discharge of the restraint order the property vests in the permanent trustee as part of the debtor's estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 200(2)(d) of that Act (realisation of property to meet receiver's remuneration and expenses).
"31B Property in respect of which receivership or administration order is made( (1) This section applies where—
| (a) | property is excluded from the debtor's estate by virtue of section 405(2)(b), (d) or (e) of the Proceeds of Crime Act 2002 (property in respect of which an order for the appointment of a receiver or administrator under certain provisions of that Act is in force), and |
| (b) | a confiscation order is made under section 6, 94 or 158 of that Act, |
| (c) | the amount payable under the confiscation order is fully paid, and |
| (d) | any of the property remains in the hands of the receiver or administrator (as the case may be). |
(2) The property vests in the permanent trustee as part of the debtor's estate.
"31C Property subject to certain orders where confiscation order discharged or quashed
(1) This section applies where—
| (a) | property is excluded from the debtor's estate by virtue of section 405(2)(a), (b), (d) or (e) of the Proceeds of Crime Act 2002 (property in respect of which a restraint order or an order for the appointment of a receiver or administrator under that Act is in force), |
| (b) | a confiscation order is made under section 6, 94 or 158 of that Act, and |
| (c) | the confiscation order is discharged under section 31, 116 or 183 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence. |
(2) Any property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the permanent trustee as part of the debtor's estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 200(2)(d) of that Act (realisation of property to meet receiver's remuneration and expenses)."
| | (5) | In section 55 (effect of discharge) after subsection (2) insert— |
"(3) In subsection (2)(a) above the reference to a fine or other penalty due to the Crown includes a reference to a confiscation order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.".'
Mr Bob Ainsworth
590
Schedule 8, page 272, leave out lines 23 to 26 and insert—
| '12 | (1) | The Insolvency Act 1986 is amended as follows. |
| | (2) | In section 281 (effect of discharge) after subsection (4) insert— |
"(4A) In subsection (4) the reference to a fine includes a reference to a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002."
| | (3) | After section 306 insert—
|
"306A Property subject to restraint order
(1) This section applies where—
| (a) | property is excluded from the bankrupt's estate by virtue of section 402(2)(a) of the Proceeds of Crime Act 2002 (property subject to a restraint order), |
| (b) | an order under section 50, 52, 129, 201 or 203 of that Act has not been made in respect of the property, and |
| (c) | the restraint order is discharged. |
(2) On the discharge of the restraint order the property vests in the trustee as part of the bankrupt's estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 200(2)(d) of that Act (realisation of property to meet receiver's remuneration and expenses).
"306B Property in respect of which receivership or administration order made
| (a) | property is excluded from the bankrupt's estate by virtue of section 402(2)(b), (d) or (e) of the Proceeds of Crime Act 2002 (property in respect of which an order for the appointment of a receiver or administrator under certain provisions of that Act is in force), |
| (b) | a confiscation order is made under section 6, 94 or 158 of that Act, |
| (c) | the amount payable under the confiscation order is fully paid, and |
| (d) | any of the property remains in the hands of the receiver or administrator (as the case may be). |
(2) The property vests in the trustee as part of the bankrupt's estate.
306C Property subject to certain orders where confiscation order discharged or quashed
(1) This section applies where—
| (a) | property is excluded from the bankrupt's estate by virtue of section 402(2)(a), (b), (d) or (e) of the Proceeds of Crime Act 2002 (property in respect of which a restraint order or an order for the appointment of a receiver or administrator under that Act is in force), |
(b) | a confiscation order is made under section 6, 94 or 158 of that Act, and |
(c) | he confiscation order is discharged under section 31, 116 or 183 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence. |
(2) Any such property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the trustee as part of the bankrupt's estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 200(2)(d) of that Act (realisation of property to meet receiver's remuneration and expenses)."
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