SCHEDULES

SCHEDULE 4Minor and consequential amendments

Proceeds of Crime Act 2002 (c. 29)

I143

1

Section 121 of that Act (application, recall and variation) is amended as follows.

2

In subsection (5), for “(9)” substitute “ (10) ”.

3

For subsection (9) substitute—

9

In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—

a

the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;

b

otherwise, the court must recall the order on the conclusion of the proceedings.

10

In the case of a restraint order, if the condition in section 119 which was satisfied was that an application was to be made—

a

the court must discharge the order if within a reasonable time the application is not made;

b

otherwise, the court must recall the order on the conclusion of the application.