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| | | ‘Code of practice about search and seizure and detention of property’. |
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| | Page 45, line 23 [Clause 52], after ‘41A’, insert ‘, 44A’. |
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| | Page 45, line 24 [Clause 52], leave out ‘47M’ and insert ‘47P’. |
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| | Page 48, line 14 [Clause 53], at end insert— |
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| | | | ‘Section 127B(11) is subject to this subsection.’. |
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| | Page 51, line 11 [Clause 53], leave out ‘this section’ and insert ‘section 53 of the |
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| | Policing and Crime Act 2009’. |
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| | Page 51, line 39 [Clause 53], leave out subsection (3). |
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| | Page 53, line 17 [Clause 53], at end insert— |
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| | | ‘127MA | Right of third parties to make representations |
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| | | (1) | The Sheriff must, on an application by a person, give the person an opportunity |
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| | | to make representations in proceedings before making an order under section |
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| | | 127M if he considers that the making of the order would be likely to have a |
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| | | significant adverse effect on that person. |
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| | | (2) | The Sheriff must, on an application by a person, give the person an opportunity |
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| | | to make representations in proceedings before him about the variation of an order |
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| | | under section 127M if it considers that— |
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| | | (a) | the variation of the order; or |
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| | | (b) | a decision not to vary it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (3) | The Sheriff must, on an application by a person, give the person an opportunity |
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| | | to make representations in proceedings before him about the discharge of an order |
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| | | under section 127M if he considers that— |
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| | | (a) | the discharge of the order; or |
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| | | (b) | a decision not to discharge it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (4) | The Court of Session which is considering an appeal in relation to an order under |
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| | | section 127M must, on an application by a person, give the person an opportunity |
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| | | to make representations in the proceedings if that person was given an |
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| | | opportunity to make representations in the proceedings which are the subject of |
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| | Page 54, line 23 [Clause 53], at end insert— |
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| | | ‘127PA | Release of property |
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| | | (1) | This section applies in relation to property which— |
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| | | (a) | has been seized by an appropriate officer under section 127C, and |
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| | | (b) | is detained under or by virtue of any of sections 127J to 127M and 127P. |
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| | | (2) | The property must be released if at any time an appropriate officer decides that |
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| | | the the detention condition is no longer met. |
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| | | (3) | The detention condition is met for so long as— |
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| | | (a) | any of the conditions in section 127B is met, and |
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| | | (b) | there are reasonable grounds for the suspicion mentioned in |
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| | | (4) | Nothing in this section requires property to be released if there is a power to |
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| | | detain it otherwise than under or by virtue of sections 127J to 127M and 127P. |
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| | | (5) | Nothing in this section affects the operation of any power or duty to release |
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| | | property that arises apart from this section.’. |
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| | Page 54, line 23 [Clause 53], at end insert— |
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| | | ‘Guidance about search and seizure and detention of property’. |
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| | Page 54, line 30 [Clause 53], after ‘120A’, insert ‘, 122A’. |
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| | Page 54, line 31 [Clause 53], leave out ‘127M’ and insert ‘127P’. |
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| | Page 57, line 11 [Clause 54], at end insert— |
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| | | | ‘Section 195B(11) is subject to this subsection.’. |
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| | Page 60, line 5 [Clause 54], leave out ‘this section’ and insert ‘section 54 of the |
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| | Policing and Crime Act 2009’. |
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| | Page 60, line 34 [Clause 54], leave out subsection (3). |
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| | Page 61, line 34 [Clause 54], leave out ‘magistrates’ court’ and insert ‘county |
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| | Page 62 [Clause 54], leave out lines 9 and 10. |
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| | Page 62, line 13 [Clause 54], at end insert— |
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| | | ‘195MA | Right of third parties to make representations |
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| | | (1) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before making an order under |
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| | | section 195M if it considers that the making of the order would be likely to have |
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| | | a significant adverse effect on that person. |
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| | | (2) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the variation |
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| | | of an order under section 195M if it considers that— |
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| | | (a) | the variation of the order; or |
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| | | (b) | a decision not to vary it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (3) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the discharge |
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| | | of an order under section 195M if it considers that— |
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| | | (a) | the discharge of the order; or |
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| | | (b) | a decision not to discharge it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (4) | The Court of Appeal which is considering an appeal in relation to an order under |
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| | | section 195M must, on an application by a person, give the person an opportunity |
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| | | to make representations in the proceedings if that person was given an |
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| | | opportunity to make representations in the proceedings which are the subject of |
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| | Page 62, line 40 [Clause 54], leave out ‘county court’ and insert ‘Court of Appeal’. |
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| | Page 62, line 42 [Clause 54], leave out ‘county court’ and insert ‘Court of Appeal’. |
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| | Page 62, line 43 [Clause 54], leave out ‘magistrates’ court’s’ and insert ‘county |
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| | Page 63 [Clause 54], leave out lines 1 to 3. |
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| | Page 63, line 31 [Clause 54], at end insert— |
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| | | ‘195QA | Release of property |
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| | | (1) | This section applies in relation to property which— |
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| | | (a) | has been seized by an appropriate officer under section 195C, and |
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| | | (b) | is detained under or by virtue any of any of sections 195J to 195M and |
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| | | (2) | The property must be released if at any time an appropriate officer decides that |
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| | | the the detention condition is no longer met. |
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| | | (3) | The detention condition is met for so long as— |
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| | | (a) | any of the conditions in section 195B is met, and |
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| | | (b) | there are reasonable grounds for the suspicion mentioned in |
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| | | (4) | Nothing in this section requires property to be released if there is a power to |
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| | | detain it otherwise than under or by virtue of sections 195J to 195M and 195P. |
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| | | (5) | Nothing in this section affects the operation of any power or duty to release |
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| | | property that arises apart from this section.’. |
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| | Page 63, line 31 [Clause 54], at end insert— |
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| | | ‘Code of practice about search and seizure and detention of property’. |
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| | Page 63, line 39 [Clause 54], after ‘190A’, insert ‘, 193A’. |
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| | Page 63, line 40 [Clause 54], leave out ‘195M’, and insert ‘195P’. |
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| | Page 65, line 34 [Clause 55], at end insert— |
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| | | ‘(za) | first, they must be applied in payment of such expenses incurred by a |
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| | | person acting as an insolvency practitioner as are payable under this |
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| | | subsection by virtue of section 432;’. |
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| | Page 66, line 5 [Clause 55], leave out ‘either of’. |
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| | Page 66, line 16 [Clause 55], at end insert— |
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| | | ‘(3A) | In section 55(3)(b) (payment of sums received by designated officer under section |
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| | | 54 or otherwise: insolvency practitioners’ expenses) after “section 54(2)(a)” |
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| | | insert “or 67D(2)(za)”.’. |
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| | Page 68, line 1 [Clause 56], at end insert— |
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| | | ‘(za) | first, they must be applied in payment of such expenses incurred by a |
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| | | person acting as an insolvency practitioner as are payable under this |
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| | | subsection by virtue of section 432;’. |
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| | Page 68, line 20 [Clause 56], at end insert— |
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| | | ‘( ) | in subsection (3)(b) after “section 130(3)(a)” insert “or 131D(2)(za)”.’. |
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| | Page 69, line 38 [Clause 57], at end insert— |
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| | | ‘(za) | first, they must be applied in payment of such expenses incurred by a |
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| | | person acting as an insolvency practitioner as are payable under this |
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| | | subsection by virtue of section 432;’. |
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| | Page 69, line 40 [Clause 57], after ‘court’, insert ‘or Crown Court’. |
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| | Page 70, line 5 [Clause 57], after ‘court’, insert ‘or Crown Court’. |
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| | Page 70, line 10 [Clause 57], at end insert— |
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| | | ‘(4A) | If the magistrates’ court has made a direction under subsection (2)(a) or (3) in |
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| | | respect of the proceeds of realisation of any property, the Crown Court may not |
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| | | make a direction under either of those provisions in respect of the proceeds of |
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| | | realisation of that property; and vice versa.’. |
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| | Page 70, line 17 [Clause 57], at end insert— |
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| | | ‘(3A) | In section 203(3)(b) (payment of sums received by chief clerk under section 202 |
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| | | or otherwise: insolvency practitioners’ expenses) after “section 202(2)(a)” insert |
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| | Page 72, line 34, leave out Clause 62. |
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| | Page 130, line 4 [Clause 115], at end insert— |
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| | | ‘(za) | section [Prohibition on unauthorised police entry to Member of |
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| | | Parliament’s office in House of Commons],’. |
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| | Page 134, line 22 [Schedule 1], after ‘practicable’, insert ‘and in any event within |
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| | 24 hours after the offender’s arrest,’. |
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