House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 15 May 2009
893

Policing and Crime Bill, continued

“31BA
  Property in respect of which realisation order made

(1)
This section applies where—

(a)
property is excluded from the debtor’s estate by virtue of

section 420(2)(d) of the Proceeds of Crime Act 2002 (property

in respect of which an order has been made authorising

realisation of the property by an appropriate officer),

(b)
a confiscation order is made under section 6, 92 or 156 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 appropriate

officer.

(2)
The property vests in the trustee as part of the debtor’s estate.”

    (1)
Section 31C (property subject to certain orders where confiscation order

discharged or quashed) is amended as follows.

      (2)
In subsection (1)(a) for the words from “in respect” to “force” substitute

“excluded from debtor’s estate”.

      (3)
For subsection (2) substitute—

“(2)
Any such property vests in the trustee as part of the debtor’s estate if

it is in the hands of—

(a)
a receiver appointed under Part 2 or 4 of that Act,

(b)
an administrator appointed under Part 3 of that Act,

(c)
an appropriate officer (within the meaning of section 41A,

120A or 190A of that Act).”

Insolvency Act 1986 (c. 45)


The Insolvency Act 1986 is amended as follows.

    (1)
Section 306A (property subject to restraint order) is amended as follows.

      (2)
In subsection (1)—

(a)
in paragraph (b) for “section 50, 128 or 198” substitute “section 50,

67A, 128, 131A, 198 or 215A”, and

(b)
after paragraph (c) insert “, and

(d)
immediately after the discharge of the restraint order

the property is not detained under or by virtue of

section 44A, 47J, 122A, 127J, 193A or 195J of that

Act.”

      (3)
For subsection (2) substitute—

“(2)
The property vests in the trustee as part of the bankrupt’s estate.”


After section 306A insert—

“306AA
  Property released from detention

(1)
This section applies where—

(a)
property is excluded from the bankrupt’s estate by virtue of

section 417(2)(b) of the Proceeds of Crime Act 2002 (property

detained under certain provisions),

(b)
no order is in force in respect of the property under section 41,

50, 120, 128, 190 or 198 of that Act, and

(c)
the property is released.

Notices of Amendments: 15 May 2009
894

Policing and Crime Bill, continued

(2)
The property vests in the trustee as part of the bankrupt’s estate.”


In section 306B(1)(a) (property in respect of which receivership or

administration order is made) for “section 417(2)(b), (c) or (d)” substitute

“section 417(2)(c)”.


After section 306B insert—

“306BA
  Property in respect of which realisation order made

(1)
This section applies where—

(a)
property is excluded from the bankrupt’s estate by virtue of

section 417(2)(d) of the Proceeds of Crime Act 2002 (property

in respect of which an order has been made authorising

realisation of the property by an appropriate officer),

(b)
a confiscation order is made under section 6, 92 or 156 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 appropriate

officer.

(2)
The property vests in the trustee as part of the bankrupt’s estate.”

    (1)
Section 306C (property subject to certain orders where confiscation order

discharged or quashed) is amended as follows.

      (2)
In subsection (1)(a) for the words from “in respect” to “force” substitute

“excluded from bankrupt’s estate”.

      (3)
For subsection (2) substitute—

“(2)
Any such property vests in the trustee as part of the bankrupt’s estate

if it is in the hands of—

(a)
a receiver appointed under Part 2 or 4 of that Act,

(b)
an administrator appointed under Part 3 of that Act,

(c)
an appropriate officer (within the meaning of section 41A,

120A or 190A of that Act).”

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))


The Insolvency (Northern Ireland) Order 1989 is amended as follows.

    (1)
Article 279A (property subject to restraint order) is amended as follows.

      (2)
In paragraph (1)—

(a)
in sub-paragraph (b) for “section 50, 128 or 198” substitute “section

50, 67A, 128, 131A, 198 or 215A”, and

(b)
after sub-paragraph (c) insert “, and

(d)
immediately after the discharge of the restraint order

the property is not detained under or by virtue of

section 44A, 47J, 122A, 127J, 193A or 195J of that

Act.”

      (3)
For paragraph (2) substitute—

“(2)
The property vests in the trustee as part of the bankrupt’s estate.”


After Article 279A insert—

“279AA
  Property released from detention

(1)
This Article applies where—

Notices of Amendments: 15 May 2009
895

Policing and Crime Bill, continued

(a)
property is excluded from the bankrupt’s estate by virtue of

section 423(2)(b) of the Proceeds of Crime Act 2002 (property

detained under certain provisions),

(b)
no order is in force in respect of the property under section 41,

50, 120, 128, 190 or 198 of that Act, and

(c)
the property is released.

(2)
The property vests in the trustee as part of the bankrupt’s estate.”


In Article 279B(1)(a) (property in respect of which receivership or

administration order is made) for “section 423(2)(b), (c) or (d)” substitute

“section 423(2)(c)”.


After Article 279B insert—

“279BA
  Property in respect of which realisation order made

(1)
This Article applies where—

(a)
property is excluded from the bankrupt’s estate by virtue of

section 423(2)(d) of the Proceeds of Crime Act 2002 (property

in respect of which an order has been made authorising

realisation of the property by an appropriate officer),

(b)
a confiscation order is made under section 6, 92 or 156 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 appropriate

officer.

(2)
The property vests in the trustee as part of the bankrupt’s estate.”

    (1)
Article 279C (property subject to certain orders where confiscation order

discharged or quashed) is amended as follows.

      (2)
In paragraph (1)(a) for the words from “in respect” to “force” substitute

“excluded from the bankrupt’s estate”.

      (3)
For paragraph (2) substitute—

“(2)
Any such property vests in the trustee as part of the bankrupt’s estate

if it is in the hands of—

(a)
a receiver appointed under Part 2 or 4 of that Act,

(b)
an administrator appointed under Part 3 of that Act,

(c)
an appropriate officer (within the meaning of section 41A,

120A or 190A of that Act).”’.

Secretary Jacqui Smith

130

Page  171,  line  41  [Schedule  7],  at end insert—


‘In section 85 (proceedings: England and Wales) for subsection (7)

substitute—

“(7)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored for the

purposes of subsection (6).”


In section 87(2) (definition of confiscation order subject to appeal: England

and Wales) omit the words from “; and for” to the end.


After section 87 insert—

Notices of Amendments: 15 May 2009
896

Policing and Crime Bill, continued

“87A
No further possibility of appeal

(1)
The following rule applies for the purposes of construing any

provision of this Part which refers to there being no further possibility

of—

(a)
an appeal against a decision of a court, or

(b)
an appeal on which an order of a court could be varied or

quashed.

(2)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored.”’.

Secretary Jacqui Smith

131

Page  172,  line  2  [Schedule  7],  at end insert—


‘In section 153(2) (definition of confiscation order subject to appeal: Scotland)

omit the words from “; and for” to the end.


After section 153 insert—

“153A
  No further possibility of appeal

(1)
The following rule applies for the purposes of construing any

provision of this Part which refers to there being no further possibility

of—

(a)
an appeal against (or review of) a decision of a court, or

(b)
an appeal on which an order of a court could be varied or

quashed.

(2)
Any power—

(a)
to allow an appeal (or review) out of time, or

(b)
to extend the time for applying for leave to appeal,


must be ignored.”’.

Secretary Jacqui Smith

132

Page  172,  line  4  [Schedule  7],   at end insert—


‘In section 233 (proceedings: Northern Ireland) for subsection (7) substitute—

“(7)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored for the

purposes of subsection (6).”


In section 235(2) (definition of confiscation order subject to appeal: Northern

Ireland) omit the words from “; and for” to the end.


After section 235 insert—

“235A
  No further possibility of appeal

(1)
The following rule applies for the purposes of construing any

provision of this Part which refers to there being no further possibility

of—

(a)
an appeal against a decision of a court, or

Notices of Amendments: 15 May 2009
897

Policing and Crime Bill, continued

(b)
an appeal on which an order of a court could be varied or

quashed.

(2)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored.”’.

Secretary Jacqui Smith

133

Page  172,  line  5  [Schedule  7],  leave out paragraph 46 and insert—


‘In section 308 (recoverable property: exceptions) after subsection (8) insert—

“(8A)
Property is not recoverable while it is detained under or by virtue of

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

193A, 195J, 195K, 195M or 195P.”


In section 417 (property excluded from estate of person adjudged bankrupt in

England and Wales) for subsection (2) substitute—

“(2)
The following property is excluded from the person’s estate for the

purposes of Part 9 of the 1986 Act—

(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 418 (restriction of powers where person adjudged bankrupt in England

and Wales) 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 419 (tainted gifts by person adjudged bankrupt in England and Wales)

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