Amendments proposed to the Proceeds of Crime Bill - continued	House of Commons
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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 George Foulkes

664

Schedule     8,     page     273,     line     15,     at end insert—

'(aa)   for sub-paragraph (ii) substitute—

"(ii)   any offence which by virtue of section 154 of the Proceeds of Crime Act 2002 is a drug trafficking offence for the purposes of Part 3 of that Act;
(iia)   any offence which by virtue of section 155 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 3 of that Act;".'.

   

Mr George Foulkes

665

Schedule     8,     page     273,     line     34,     at end insert—

'(aa)   for sub-paragraph (k) substitute—

"(k)   any offence which by virtue of section 154 of the Proceeds of Crime Act 2002 is a drug trafficking offence for the purposes of Part 3 of that Act;

(ka)   any offence which by virtue of section 155 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 3 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.

(2)	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—

    "279AProperty 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).

    279BProperty 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.

    279CProperty 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 George Foulkes

666

Schedule     8,     page     274,     line     37,     after 'or' insert 'the Criminal Justice (Scotland) Act 1987'.

   

Mr George Foulkes

667

Schedule     8,     page     274,     line     38,     after '2' insert ', 3'.

   

Mr George Foulkes

668

Schedule     8,     page     274,     line     39,     at end insert—

'Criminal Justice and Public Order Act 1994 (c.31)

In section 139(12) of the Criminal Justice and Public Order Act 1994 (search powers) in paragraph (b) of the definition of "items subject to legal privilege" for "section 40 of the Criminal Justice (Scotland) Act 1987" substitute "section 397 of the Proceeds of Crime Act 2002".'.

   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

648

Schedule     8,     page     274,     line     40,     leave out from beginning to end of line 6 on page 276.

   

Mr George Foulkes

669

Schedule     8,     page     276,     line     25,     at end insert—

'Proceeds of Crime (Scotland) Act 1995 (c. 43)

(1)

The Proceeds of Crime (Scotland) Act 1995 is amended as follows.

(2)

The following provisions in the Act shall cease to have effect—

(a)   Part I, except section 2(7);

(b)   in section 28, subsections (1)(a) and (2) and in subsection (5) the words "(including a restraint order made under and within the meaning of the 1994 Act)";

(c)   section 29;

(d)   in section 31, subsection (2) and in subsection (4) the words "or (2)";

(e)   sections 35 to 39;

(f)   in section 40, subsections (1)(a), (2) and (4);

(g)   in section 42, subsections (1)(a) and (b);

(h)    in section 43, in subsection (1) the words ", confiscation order" and subsection (2);

(i)   in section 45, subsection (1)(a);

(j)   section 47;

(k)   in section 49, in subsection (1) the definitions of "the 1988 Act", "the 1994 Act" and "confiscation order" and subsection (4);

(3)

The following provisions in Schedule 1 to the Act shall cease to have effect—

(a)   in paragraph 1(1)(b) the words "or a confiscation order", in paragraph 1(2)(a) the words "subject to paragraph (b) below", paragraph 1(2)(b) and in paragraph 1(3)(a)(i) the words "or confiscation order";

(b)   in paragraph 2(1)(a) the words ", and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made";

(c)   paragraph 4;

(d)   in paragraph 5(1) the words "Part I of";

(e)   in paragraph 8(2) the words ", unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4)(b) above,";

(f)   in paragraph 10(1) the words "or the recipient of a gift caught by Part I of this Act or an implicative gift" and paragraphs 10(2) and 10(3);

(g)   in paragraph 12(1)(a) the words "paragraph (a) or (b) of section 4(1) or";

(4)

The following provisions in Schedule 2 to the Act shall cease to have effect—

(a)   in paragraph 1(2) the words "and 35 to 38";

(b)   in paragraph 2, in sub-paragraph (1) the words "realisable or", in sub-paragraph (2) the words "and 35 to 38", sub-paragraph (5).

(c)   in paragraph 3(2) the words "and 35 to 38" and paragraphs 3(4) and (5);

(d)   in paragraph 4(2) the words "and 35 to 38";

(e)   paragraph 6(2)(a).

(5)

In section 28(9) (restraint orders) for "Subsections (2)(a) and" substitute "Subsection".

(6)

In section 42 (enforcement) in subsections (2)(a), (c) and (d) for "Part I," substitute "Part".

Criminal Procedure (Scotland) Act 1995 (c. 46)

(1)

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)

In section 109(1) (intimation of appeal) for "section 10 of the Proceeds of Crime (Scotland) Act 1995 (postponed confiscation orders)" substitute "section 102 of the Proceeds of Crime Act 2002 (postponement)".

(3)

In section 205B(5) (minimum sentence for third drug trafficking offence) for the definition of "drug trafficking offence" substitute—

" "drug trafficking offence" means an offence which by virtue of section 88, 154 or 239 of the Proceeds of Crime Act 2002 is a drug trafficking offence for the purposes of Part 2, 3 or 4 of that Act;"

(4)

In section 219(8)(b) (fines: imprisonment for non-payment) for "14(2) of the Proceeds of Crime (Scotland) Act 1995" substitute "120(2) of the Proceeds of Crime Act 2002".'.

   

Mr George Foulkes

670

Schedule     8,     page     279,     line     16,     at end insert—

'Crime and Punishment (Scotland) Act 1997 (c. 48)

The following provisions of the Crime and Punishment (Scotland) Act 1997 shall cease to have effect—

(a)   section 15(3),

(b)   in Schedule 1, paragraph 20.

Crime and Disorder Act 1998 (c. 37)

In Schedule 8 to the Crime and Disorder Act 1998 paragraphs 115 and 116 shall cease to have effect.'.

Prepared 5 Feb 2002