|
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
(1) This section applies where—
| (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)."
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
442
Schedule 8, page 272, line 26, at end insert—
'Legal Aid (Scotland) Act 1986 (c. 47)
12A In Part I of Schedule 2 to the Legal Aid (Scotland) Act 1986, in paragraph 1, at end add—
| "( ) | under section 94 of the Proceeds of Crime Act 2002 in relation to the making of a confiscation order where representations are made to the court by someone other than the accused; |
| ( ) | under section 101 of the Proceeds of Crime Act 2002 in relation to the disposal of the family home where representations are made to the court by someone other than the accused; |
| ( ) | under section 136 of the Proceeds of Crime Act 2002 in relation to action taken by the administrator where an application to the court has been made by a person specified in section 136(2) of that Act; |
| ( ) | under section 294 of the Proceeds of Crime Act 2002 in relation to the detention of seized cash; |
| ( ) | under section 297 of the Proceeds of Crime Act 2002 in relation to the forfeiture of cash detained under section 294 of that Act.".' |
Mr Bob Ainsworth
591
Schedule 8, page 274, leave out lines 30 to 33 and insert—
| '16 | (1) | The Insolvency (Northern Ireland) Order 1989 is amended as follows. |
| In Article 255 (effect of discharge) after paragraph (4) insert— |
"(4A) In paragraph (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 Article 279 insert— |
"279A Property subject to restraint order
(1) This Article applies where—
| (a) | property is excluded from the bankrupt's estate by virtue of section 408(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 paragraph (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).
279B Property in respect of which receivership or administration order made
(1) This Article applies where—
| (a) | property is excluded from the bankrupt's estate by virtue of section 408(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.
279C Property subject to certain orders where confiscation order discharged or quashed
(1) This Article applies where—
| (a) | property is excluded from the bankrupt's estate by virtue of section 408(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 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 paragraph (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)."
Mr Bob Ainsworth
344
Schedule 8, page 279, line 21, leave out from '2(2)' to end of line 30 and insert '(Crown Court), after paragraph (d) insert "or
| (e) | which relate to an order under section 297 of the Proceeds of Crime Act 2001", |
and omit the "or" at the end of paragraph (c).
| | ( ) | In paragraph 2(3) (magistrates' courts), after "2001", insert— |
| "(l) | for an order or direction under section 294, 296, 297, [Victims] or 300 of the Proceeds of Crime Act 2001", |
and omit the "or" at the end of paragraph (j)'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
440
Schedule 9, page 283, line 27, at end insert—
'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
441
Schedule 9, page 283, line 30, at end insert—
'Proceeds of Crime (Scotland) Act 1995 (c. 43), Parts I, III, IV, V, Schedules 1 and 2'.
Norman Baker
Mr Alistair Carmichael
Annette Brooke
448
Clause 444, page 255, line 11, leave out '2001' and insert '2002'.
EXCERPT FROM THE ORDER OF THE HOUSE [30TH OCTOBER 2001]
Proceedings in Standing Committee
3.—(1) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5th February 2002.
(2) The Standing Committee shall have leave to sit twice on the first day on which it meets.
ORDER OF THE COMMITTEE [13TH NOVEMBER 2001]
That—
| (1) | during proceedings on the Proceeds of Crime Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at five minutes to Nine o'clock and at half-past Two o'clock, except that on Tuesday 8th January 2002 the Committee shall not meet at half-past Ten o'clock; |
| (2) | 39 sittings in all shall be allotted to the consideration of the Bill by the Committee; |
| (3) | the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown; |
| (4) | the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table; |
| (5) | paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (3) if previous proceedings have already been concluded. |
TABLE
| Sitting | Proceedings | Time for
conclusion of
proceedings |
| 1st | Clause 1, Schedule 1 and Clauses 2 to 5 | — |
| 2nd | Clause 1, Schedule 1 and Clauses 2 to 5 | — |
| 3rd | Clause 1, Schedule 1 and Clauses 2 to 5 | — |
| 4th | Clause 1, Schedule 1 and Clauses 2 to 5 (so far as not previously concluded), New Clauses and New Schedules relating to Part 1 |
5 p.m. |
| 5th | Clauses 6 to 40 | — |
| 6th | Clauses 6 to 40 | — |
| 7th | Clauses 6 to 40 | — |
| 8th | Clauses 6 to 40 | — |
| 9th | Clauses 6 to 40 | — |
| 10th | Clauses 6 to 40 (so far as not previously concluded) | 7 p.m. |
| 11th | Clauses 41 to 74 | — |
| 12th | Clauses 41 to 74 (so far as not previously concluded) | 5 p.m. |
| 13th | Clauses 75 to 93 | — |
| 14th | Clauses 75 to 93 (so far as not previously concluded), New Clauses and New Schedules relating to Part 2 |
7 p.m. |
| 15th | Clauses 94 to 137, Schedule 2 and Clauses 138 to 157 | — |
| 16th | Clauses 94 to 137, Schedule 2 and Clauses 138 to 157 (so far as not previously concluded), New Clauses and New Schedules relating to Part 3 |
5 p.m. |
| 17th | Part 4, New Clauses and New Schedules relating to Part 4 |
1 p.m. |
| 18th | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 19th | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 20th | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 21st | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 22nd | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 (so far as not previously concluded) |
7 p.m. |
| 23rd | Clauses 288 to 310 | — |
| 24th | Clauses 288 to 310 | — |
| 25th | Clauses 288 to 310 (so far as not previously concluded), New Clauses and New Schedules relating to Part 5 |
5 p.m. |
| 26th | Clauses 311 to 319, Schedule 5 and Clause 320 | — |
| 27th | Clauses 311 to 319, Schedule 5 and Clause 320 (so far as not previously concluded), New Clauses and New Schedules relating to Part 6 |
7 p.m. |
| 28th | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 | — |
| 29th | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 | — |
| 30th | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 | — |
| 31st | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 (so far as not previously concluded), New Clauses and New Schedules relating to Part 7 |
7 p.m. |
| 32nd | Part 8 | — |
| 33rd | Part 8 | — |
| 34th | Part 8 (so far as not previously concluded), New Clauses and New Schedules relating to Part 8 |
1 p.m. |
| 35th | Part 9, New Clauses and New Schedules relating to Part 9 |
7 p.m. |
| 36th | Part 10 | — |
| 37th | Part 10 (so far as not previously concluded), New Clauses and New Schedules relating to Part 10 |
5 p.m. |
| 38th | Part 11, New Clauses and New Schedules relating to Part 11 |
1 p.m. |
| 39th | Clause 433, Schedule 7, Clauses 434 to 438, Schedule 8, Clause 439, Schedule 9 and Clauses 440 to 444, remaining New Clauses and New Schedules |
7 p.m. |
ORDER OF THE COMMITTEE [22ND JANUARY 2002]
That, in the Programming Order of the Committee of 13th November 2001, paragraph (1) be amended in line 3 by leaving out 'five minutes to Nine o'clock' and inserting 'a quarter-past Nine o'clock' and the Table be amended as follows— (1) in the second column in respect of the 31st sitting by leaving out the words there printed and inserting 'Clauses 321 to 324, Schedule 6 and Clauses 325 to 329';
(2) in the third column in respect of the 31st sitting by leaving out '7 p.m.';
(3) in the second column in respect of each of the 32nd and 33rd sittings by leaving out 'Part 8' and inserting 'Clauses 321 to 324, Schedule 6 and Clauses 325 to 329';
(4) in the second column in respect of the 34th sitting by leaving out the words there printed and inserting 'Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 (so far as not previously concluded), New Clauses and New Schedules relating to Part 7, Part 8, New Clauses and New Schedules relating to Part 8'.
ORDER OF THE COMMITTEE [29TH JANUARY 2002]
That, in the Programming Order of the Committee of 13th November 2001, the Table be further amended as follows— (1) in the second column in respect of the 34th sitting by leaving out the words there printed and inserting 'Part 8';
(2) in the third column in respect of the 34th sitting by leaving out '1 p.m.';
(3) for the second and third columns in respect of the 35th sitting substitute—
| 'Part 8 (so far as not previously concluded), New Clauses and New Schedules relating to Part 8 | 6 p.m.
|
| Part 9, New Clauses and New Schedules relating to Part 9 | 7.30 p.m.'.
|
|
