Proceeds of Crime Bill

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Mr. Ainsworth: The hon. Gentleman is absolutely right. Such a situation will not arise in the overwhelming majority of circumstances. However—

It being One o'clock, The Chairman proceeded, pursuant to Sessional Order D [30 October] and the Order of the Committee [13 November] to put forthwith the Question already proposed from the Chair.

Question agreed to.

Clause 188 ordered to stand part of the Bill.

The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

Clauses 189 to 199 ordered to stand part of the Bill.

Clause 200

Powers

Amendments made: No. 122, in page 120, line 34, leave out from 'property' to end of line 35.

No. 123, in page 120, line 39, leave out 'sell' and insert 'realise'.

No. 124, in page 121, line 32, after '(2)(b)' insert 'or (d)'.

No. 125, in page 121, line 37, at end insert—

    '(8A) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.'—[Mr. Ainsworth.]

Clause 200, as amended, ordered to stand part of the Bill.

Clause 201 ordered to stand part of the Bill.

Clause 202

Powers

Amendments made: No. 126, in page 122, line 14, leave out from 'property' to end of line 15.

No. 127, in page 123, line 16, at end insert—

    '(8A) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.'—[Mr. Ainsworth.]

Clause 202, as amended, ordered to stand part of the Bill.

Clause 203

Appointment

Amendment made: No. 128, in page 123, line 28, leave out subsection (2) and insert—

    '(2) But this section does not apply if—

    (a) the confiscation order was made by the Court of Appeal, and

    (b) when the Crown Court comes to proceed under this section the confiscation order has been satisfied.'—[Mr. Ainsworth.]

Clause 203, as amended, ordered to stand part of the Bill.

Clause 204

Powers

Amendments made: No. 129, in page 124, line 9, leave out from 'property' to end of line 10.

No. 130, in page 125, line 9, at end insert—

    '(8A) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.'—[Mr. Ainsworth.]

Clause 204, as amended, ordered to stand part of the Bill.

Clauses 205 to 214 ordered to stand part of the Bill.

Clause 215

Management receivers: discharge

Amendments made: No. 131, in page 131, line 3, at end insert—

    '(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 200(2)(d).'

No. 132, in page 131, line 7, at end add—

    '(5) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.'—[Mr. Ainsworth.]

Clause 215, as amended, ordered to stand part of the Bill.

Clauses 216 to 234 ordered to stand part of the Bill.

Clause 235

Property: general provisions

Amendment made: No. 133, in page 141, line 23, leave out from 'security' to end of line 24.—[Mr. Ainsworth.]

Clause 235, as amended, ordered to stand part of the Bill.

Clauses 236 to 244 ordered to stand part of the Bill.

It being after One o'clock, The chairman adjourned the Committee without Question put, pursuant to the Standing Order.

Adjourned till this day at half-past Four o'clock.

The following Members attended the Committee:
Gale, Mr. Roger (Chairman)
Ainsworth, Mr. Bob
Baird, Vera
Baker, Norman
Brooke, Mrs.
Clark, Mrs. Helen
David, Mr.
Field, Mr. Mark
Foulkes, Mr.
Harris, Mr. Tom
Hawkins, Mr.
Hesford, Stephen
Johnson, Mr. Boris
Lazarowicz, Mr.
McCabe, Mr.
McGuire, Mrs.
Robertson, John
Stinchcombe, Mr.
Stoate, Dr.
Tredinnick, Mr.
Wilshire, Mr.

 
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Prepared 11 December 2001