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
297

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

Agreed to  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

Agreed to  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

Report Stage Proceedings: 19 May 2009
298

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

Agreed to  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

Report Stage Proceedings: 19 May 2009
299

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—

Report Stage Proceedings: 19 May 2009
300

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;

Report Stage Proceedings: 19 May 2009
301

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—