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
302

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

Report Stage Proceedings: 19 May 2009
303

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

Agreed to  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

Agreed to  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

Agreed to  136

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

Report Stage Proceedings: 19 May 2009
304

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

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  140

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

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

Report Stage Proceedings: 19 May 2009
305

Policing and Crime Bill, continued

Secretary Jacqui Smith

Agreed to  141

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

‘Section 30.’.

John McDonnell

Not selected  1

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

‘Section 9(a).’.

Bill read the third time, and passed.