House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 15 May 2009
898

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—

Notices of Amendments: 15 May 2009
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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;

Notices of Amendments: 15 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—

Notices of Amendments: 15 May 2009
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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

Notices of Amendments: 15 May 2009
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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—

Notices of Amendments: 15 May 2009
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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.’.

Notices of Amendments: 15 May 2009
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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.