Norman Baker
Mr Alistair Carmichael
Annette Brooke
618
Clause 434, page 252, line 14, after 'officer', insert ', unless the reason for his removal or discharge is connected with these proceedings.'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
644
Clause 434, page 252, line 36, leave out subsection (7).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
645
Clause 435, page 253, line 4, leave out subsection (3).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
646
Clause 435, page 253, line 8, leave out subsection (4).
Mr George Foulkes
657
Schedule 8, page 270, line 15, after '88' insert ', 154'.
Mr George Foulkes
658
Schedule 8, page 270, line 16, after '2' insert ', 3'.
Mr George Foulkes
659
Schedule 8, page 270, line 16, at end insert—
| | (1) | In section 28L of the Immigration Act 1971, in paragraph (c) for the words "33 of the Criminal Law (Consolidation) Act 1995" substitute "397 of the Proceeds of Crime Act 2002".'. |
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
647
Schedule 8, page 270, leave out lines 17 to 30.
Mr Bob Ainsworth
516
Schedule 8, page 270, line 23, after '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
661
Schedule 8, page 271, line 19, after '2' insert ', 3'.
Mr George Foulkes
662
Schedule 8, page 271, line 20, at end insert—
| | (1) | The Civic Government (Scotland) Act 1982 is amended as follows. |
| | (2) | In section 86A(3) (application of Part VIIA) for "sections 21(2) and 28(1) of the Proceeds of Crime (Scotland) Act 1995" substitute "section 21(2) of the Proceeds of Crime (Scotland) Act 1995 and Part 3 of the Proceeds of Crime Act 2002". |
| | (3) | In paragraph 8 of Schedule 2A (interpretation) for the definition of "restraint order" substitute— |
"restraint order means a restraint order made under Part 3 of the Proceeds of Crime Act 2002".'.
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— |
| (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.
31CProperty 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— |
"(2A) 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— |
"306AProperty 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).
306BProperty 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.
306CProperty 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).".'.
|
