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Consideration of Bill: 19 May 2009                     

973

 

Policing and Crime Bill, continued

 
 

(c)    

there is in force in respect of such property an order

 

under section 67A, 131A or 215A.”

 

      (3)  

In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b)

 

or (c)”.

 

            

In section 420 (property excluded from the debtor's estate where sequestration

 

in Scotland) for subsection (2) substitute—

 

“(2)    

The following property is excluded from the debtor’s estate for the

 

purposes of the 1985 Act—

 

(a)    

property for the time being subject to a restraint order which

 

was made under section 41, 120 or 190 before the award of

 

sequestration;

 

(b)    

property for the time being detained under or by virtue of

 

section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P;

 

(c)    

property in respect of which an order under section 50, 128(3)

 

or 198 is in force;

 

(d)    

property in respect of which an order under section 67A, 131A

 

or 215A is in force.”

 

    (1)  

Section 421 (restriction of powers where award of sequestration) is amended

 

as follows.

 

      (2)  

In subsection (2)—

 

(a)    

in paragraph (a) for “67” substitute “67B, the powers conferred on an

 

appropriate officer by section 47C”,

 

(b)    

in paragraph (b) after “Schedule 3” insert “, the powers conferred on

 

an appropriate officer by section 127C”, and

 

(c)    

in paragraph (c) for “215” substitute “215B, the powers conferred on

 

an appropriate officer by section 195C”.

 

      (3)  

In subsection (3) after paragraph (e) insert—

 

“(f)    

in a case where a confiscation order has been made under

 

section 6, 92 or 156 of this Act, any sums remaining in the

 

hands of an appropriate officer after the amount required to be

 

paid under the confiscation order has been fully paid under

 

section 67D(2)(b), 131D(2)(b) or 215D(2)(b).”

 

    (1)  

Section 422 (tainted gifts by person whose estate is sequestrated in Scotland)

 

is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

after paragraph (a) insert—

 

“(aa)    

such property is detained under or by virtue of section

 

44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P,”, and

 

(b)    

after paragraph (b) insert “, or

 

(c)    

there is in force in respect of such property an order

 

under section 67A, 131A or 215A.”

 

      (3)  

In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b)

 

or (c)”.

 

            

In section 423 (property excluded from estate of person adjudged bankrupt in

 

Northern Ireland) for subsection (2) substitute—

 

“(2)    

The following property is excluded from the person’s estate for the

 

purposes of Part 9 of the 1989 Order—


 
 

Consideration of Bill: 19 May 2009                     

974

 

Policing and Crime Bill, continued

 
 

(a)    

property for the time being subject to a restraint order which

 

was made under section 41, 120 or 190 before the order

 

adjudging the person bankrupt;

 

(b)    

property for the time being detained under or by virtue of

 

section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P;

 

(c)    

property in respect of which an order under section 50, 128(3)

 

or 198 is in force;

 

(d)    

property in respect of which an order under section 67A, 131A

 

or 215A is in force.”

 

    (1)  

Section 424 (restriction of powers where person adjudged bankrupt in

 

Northern Ireland) is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

in paragraph (a) for “67” substitute “67B, the powers conferred on an

 

appropriate officer by section 47C”,

 

(b)    

in paragraph (b) after “Schedule 3” insert “, the powers conferred on

 

an appropriate officer by section 127C”, and

 

(c)    

in paragraph (c) for “215” substitute “215B, the powers conferred on

 

an appropriate officer by section 195C”.

 

      (3)  

In subsection (3) after paragraph (e) insert—

 

“(f)    

in a case where a confiscation order has been made under

 

section 6, 92 or 156 of this Act, any sums remaining in the

 

hands of an appropriate officer after the amount required to be

 

paid under the confiscation order has been fully paid under

 

section 67D(2)(b), 131D(2)(b) or 215D(2)(b).”

 

    (1)  

Section 425 (tainted gifts by person who is adjudged bankrupt in Northern

 

Ireland) is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

after paragraph (a) insert—

 

“(aa)    

such property is detained under or by virtue of section

 

44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P,”, and

 

(b)    

after paragraph (b) insert “, or

 

(c)    

there is in force in respect of such property an order

 

under section 67A, 131A or 215A.”

 

      (3)  

In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b)

 

or (c)”.

 

    (1)  

Section 426 (winding up under the Insolvency Act 1986) is amended as

 

follows.

 

      (2)  

For subsection (2) substitute—

 

“(2)    

If an order for the winding up of a company is made or it passes a

 

resolution for its voluntary winding up, the functions of the liquidator

 

(or any provisional liquidator) are not exercisable in relation to the

 

following property—

 

(a)    

property for the time being subject to a restraint order which

 

was made under section 41, 120 or 190 before the relevant

 

time;

 

(b)    

property for the time being detained under or by virtue of

 

section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P;


 
 

Consideration of Bill: 19 May 2009                     

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Policing and Crime Bill, continued

 
 

(c)    

property in respect of which an order under section 50, 128(3)

 

or 198 is in force;

 

(d)    

property in respect of which an order under section 67A, 131A

 

or 215A is in force.”

 

      (3)  

In subsection (5)—

 

(a)    

in paragraph (a) for “67” substitute “67B, the powers conferred on an

 

appropriate officer by section 47C”,

 

(b)    

in paragraph (b) after “Schedule 3” insert “, the powers conferred on

 

an appropriate officer by section 127C”, and

 

(c)    

in paragraph (c) for “215” substitute “215B, the powers conferred on

 

an appropriate officer by section 195C”.

 

    (1)  

Section 427 (tainted gifts by company: winding up in England and Wales or

 

Scotland) is amended as follows.

 

      (2)  

In subsection (3)—

 

(a)    

after paragraph (a) insert—

 

“(aa)    

such property is detained under or by virtue of section

 

44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P,”, and

 

(b)    

after paragraph (b) insert “, or

 

(c)    

there is in force in respect of such property an order

 

under section 67A, 131A or 215A.”

 

      (3)  

In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b)

 

or (c)”.

 

    (1)  

Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989)

 

is amended as follows.

 

      (2)  

For subsection (2) substitute—

 

“(2)    

If an order for the winding up of a company is made or it passes a

 

resolution for its voluntary winding up, the functions of the liquidator

 

(or any provisional liquidator) are not exercisable in relation to the

 

following property—

 

(a)    

property for the time being subject to a restraint order which

 

was made under section 41, 120 or 190 before the relevant

 

time;

 

(b)    

property for the time being detained under or by virtue of

 

section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P;

 

(c)    

property in respect of which an order under section 50, 128(3)

 

or 198 is in force;

 

(d)    

property in respect of which an order under section 67A, 131A

 

or 215A is in force.”

 

      (3)  

In subsection (5)—

 

(a)    

in paragraph (a) for “67” substitute “67B, the powers conferred on an

 

appropriate officer by section 47C”,

 

(b)    

in paragraph (b) after “Schedule 3” insert “, the powers conferred on

 

an appropriate officer by section 127C”, and

 

(c)    

in paragraph (c) for “215” substitute “215B, the powers conferred on

 

an appropriate officer by section 195C”.

 

    (1)  

Section 429 (tainted gifts by company: winding up in Northern Ireland) is

 

amended as follows.

 

      (2)  

In subsection (3)—

 

(a)    

after paragraph (a) insert—


 
 

Consideration of Bill: 19 May 2009                     

976

 

Policing and Crime Bill, continued

 
 

“(aa)    

such property is detained under or by virtue of section

 

44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P,”, and

 

(b)    

after paragraph (b) insert “, or

 

(c)    

there is in force in respect of such property an order

 

under section 67A, 131A or 215A.”

 

      (3)  

In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b)

 

or (c)”.

 

    (1)  

Section 430 (restriction of powers where company holds property subject to

 

floating charge) is amended as follows.

 

      (2)  

For subsection (2) substitute—

 

“(2)    

If a company holds property which is subject to a floating charge, and

 

a receiver has been appointed by or on the application of the holder of

 

the charge, the functions of the receiver are not exercisable in relation

 

to the following property—

 

(a)    

property for the time being subject to a restraint order which

 

was made under section 41, 120 or 190 before the relevant

 

time;

 

(b)    

property for the time being detained under or by virtue of

 

section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M,

 

127P, 193A, 195J, 195K, 195M or 195P;

 

(c)    

property in respect of which an order under section 50, 128(3)

 

or 198 is in force;

 

(d)    

property in respect of which an order under section 67A, 131A

 

or 215A is in force.”

 

      (3)  

In subsection (5)—

 

(a)    

in paragraph (a) for “67” substitute “67B, the powers conferred on an

 

appropriate officer by section 47C”,

 

(b)    

in paragraph (b) after “Schedule 3” insert “, the powers conferred on

 

an appropriate officer by section 127C”, and

 

(c)    

in paragraph (c) for “215” substitute “215B, the powers conferred on

 

an appropriate officer by section 195C”.

 

    (1)  

Section 432 (insolvency practitioners) is amended as follows.

 

      (2)  

After subsection (6) insert—

 

“(6A)    

Subsection (7) also applies if—

 

(a)    

property is detained under or by virtue of section 44A, 47J,

 

47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J,

 

195K, 195M or 195P,

 

(b)    

a person acting as an insolvency practitioner incurs expenses

 

which are not ones in respect of the detained property, and

 

(c)    

the expenses are ones which (but for the effect of the detention

 

of the property) might have been met by taking possession of

 

and realising the property.”

 

      (3)  

For subsection (7) substitute—

 

“(7)    

Whether or not the insolvency practitioner has seized or disposed of

 

any property, the insolvency practitioner is entitled to payment of the

 

expenses under—

 

(a)    

section 54(2), 55(3) or 67D(2) if the restraint order was made

 

under section 41 or (as the case may be) the property was


 
 

Consideration of Bill: 19 May 2009                     

977

 

Policing and Crime Bill, continued

 
 

detained under or by virtue of section 44A, 47J, 47K, 47M

 

or 47P,

 

(b)    

section 130(3), 131(3) or 131D(2) if the restraint order was

 

made under section 120 or (as the case may be) the property

 

was detained under or by virtue of section 122A, 127J, 127K,

 

127M or 127P, and

 

(c)    

section 202(2), 203(3) or 215D(2) if the restraint order was

 

made under section 190 or (as the case may be) the property

 

was detained under or by virtue of section 193A, 195J, 195K,

 

195M or 195P.”’.

 

Secretary Jacqui Smith

 

134

 

Page  172,  line  21  [Schedule  7],  at end insert—

 

‘Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

 

    (1)  

Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal

 

services: excluded services) is amended as follows.

 

      (2)  

In paragraph 2(d) (proceedings in a court of summary jurisdiction in which

 

representation may be funded)—

 

(a)    

in paragraph (xii) after “section” insert “195M,”, and

 

(b)    

after paragraph (xiii) insert—

 

“(xiv)    

for the discharge or variation of an order

 

under section 195M of the Proceeds of

 

Crime Act 2002, or

 

(xiv)    

which relate to a direction under

 

section 215D of the Proceeds of Crime Act

 

2002,”.

 

      (3)  

In paragraph 3 (certain Crown Court proceedings in which representation may

 

be funded) after paragraph (c) insert—

 

“(ca)    

proceedings which relate to a direction under section

 

215D;”.’.

 

Secretary Jacqui Smith

 

135

 

Page  172,  line  23  [Schedule  7],  at end insert—

 

‘Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

 

            

In paragraph 3(j) of Part 1 of Schedule 1 to the Legal Aid, Advice and

 

Assistance (Northern Ireland) Order 1981 (proceedings in a court of summary

 

jurisdiction in respect of which legal aid may be given under Article 9) after

 

“295, 297,” insert “297E, 297F,”.’.

 


 

Secretary Jacqui Smith

 

136

 

Page  175,  line  10  [Schedule  7],  at end insert—


 
 

Consideration of Bill: 19 May 2009                     

978

 

Policing and Crime Bill, continued

 
 

‘Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

 

            

In paragraph 2(d)(xii) of Schedule 2 to the Access to Justice (Northern Ireland)

 

Order 2003 (civil legal services: proceedings in a court of summary

 

jurisdiction in which representation may be funded) after “295, 297,” insert

 

“297E, 297F,”.’.

 


 

Secretary Jacqui Smith

 

137

 

Page  181,  line  3  [Schedule  8],  at end insert—

 

Bankruptcy (Scotland) Act 1985

In section 31A(1), the word “and” at the end of

 
 

(c. 66)

paragraph (b).

 
 

Insolvency Act 1986 (c. 45)

In section 306A(1), the word “and” at the end of

 
  

paragraph (b).

 
 

Insolvency (Northern Ireland)

In Article 279A(1), the word “and” at the end of sub-

 
 

Order 1989 (S.I. 1989/3405

paragraph (b).’.

 
 

(N.I. 19))

  
 

Secretary Jacqui Smith

 

138

 

Page  181,  line  12  [Schedule  8],  at end insert—

  

‘In section 419(2), the word “or” at the end of

 
  

paragraph (a).

 
  

In section 422(2), the word “or” at the end of

 
  

paragraph (a).

 
  

In section 427(3), the word “or” at the end of

 
  

paragraph (a).

 
  

In section 429(3), the word “or” at the end of

 
  

paragraph (a).’.

 
 

Secretary Jacqui Smith

 

139

 

Page  181,  line  12  [Schedule  8],  at end insert—

 

‘Access to Justice (Northern

In Schedule 2, the word “or” at the end of

 
 

Ireland) Order 2003 (S.I. 2003/435

paragraph 2(d)(xii).’.

 
 

(N.I. 10))

  
 


 

Secretary Jacqui Smith

 

140

 

Page  181,  line  13  [Schedule  8],  at end insert—

  

‘In Schedule 8, paragraphs 150, 151 and 154.’.

 
 



 
 

Consideration of Bill: 19 May 2009                     

979

 

Policing and Crime Bill, continued

 
 

Secretary Jacqui Smith

 

141

 

Page  182,  line  7  [Schedule  8],  at end insert—

  

‘Section 30.’.

 
 


 

John McDonnell

 

1

 

Page  184,  line  14  [Schedule  8],  at end insert—

  

‘Section 9(a).’.

 
 

 

Order of the House [19 January 2009]

 

That the following provisions shall apply to the Policing and Crime Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 26 February 2009.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Policing and Crime Bill (Programme) (No.2)

 

Secretary Jacqui Smith

 

That the Order of 19th January 2009 (Policing and Crime Bill (Programme)) be varied

 

as follows:


 
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