House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 19 May 2009
292

Policing and Crime Bill, continued

      (5)
In subsection (7) after “of a premises licence” insert “or a list of relevant

general conditions”.

      (6)
After subsection (10) insert—

“(11)
In this section “relevant general conditions”, in relation to a premises

licence, means conditions applicable to the licence by virtue of section

19(4), 19A or 21A.”’.

Secretary Jacqui Smith

Agreed to  124

Page  170,  line  29  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Secretary Jacqui Smith

Agreed to  125

Page  170,  line  36  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Secretary Jacqui Smith

Agreed to  126

Page  170,  line  38  [Schedule  7],  leave out paragraph 38 and insert—

‘38(1)
Section 94 (duty to keep and produce certificate) is amended as follows.

      (2)
In the heading after “certificate” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the certificate are”.

      (4)
In subsection (7) after “copy)” insert “or any list of relevant general

conditions”.

      (5)
In subsection (9) after “of a club premises certificate” insert “or a list of

relevant general conditions”.

      (6)
After subsection (12) insert—

“(13)
In this section “relevant general conditions”, in relation to a club

premises certificate, means conditions applicable to the certificate by

virtue of section 73A, 73B or 74A.”’.

Secretary Jacqui Smith

Agreed to  127

Page  170,  line  46  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Secretary Jacqui Smith

Agreed to  128

Page  171,  line  14  [Schedule  7],  at end insert—

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

    (7)
Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern

Ireland) Order 1981 (proceedings for which legal aid may be given under

Article 9) is amended as follows.

      (8)
In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c)

insert—

“(ca)
proceedings which relate to a direction under section

215D;”.

      (9)
In paragraph 3 (proceedings in a court of summary jurisdiction)—

Report Stage Proceedings: 19 May 2009
293

Policing and Crime Bill, continued

(a)
in sub-paragraph (j) after “sections” insert “195M,”, and

(b)
after that sub-paragraph insert—

“(ja)
proceedings for the discharge or variation of an

order under section 195M of the Proceeds of Crime

Act 2002;

(jb)
proceedings which relate to a direction under

section 215D of the Proceeds of Crime Act

2002;”.’.

Secretary Jacqui Smith

Agreed to  129

Page  171,  line  14  [Schedule  7],  at end insert—

‘Bankruptcy (Scotland) Act 1985 (c. 66)


The Bankruptcy (Scotland) Act 1985 is amended as follows.


Section 7(1) (meaning of apparent insolvency)—

(a)
in paragraph (b) after “restraint order” insert “, detained under or by

virtue of a relevant detention power”, and

(b)
after the definition of “charging order” insert—

““relevant detention power” means section 44A, 47J, 47K, 47M,

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

or 195P of the Proceeds of Crime Act 2002;”.

    (1)
Section 31A (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 debtor's estate.”


After section 31A insert—

“31AA
  Property released from detention

(1)
This section applies where—

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

section 420(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 debtor’s estate.”


In section 31B(1)(a) (property in respect of which receivership or

administration order is made) for “section 420(2)(b), (c) or (d)” substitute

“section 420(2)(c)”.


After section 31B insert—

Report Stage Proceedings: 19 May 2009
294

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.

Report Stage Proceedings: 19 May 2009
295

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—

Report Stage Proceedings: 19 May 2009
296

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

Agreed to  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—