Modifications etc. (not altering text)
C1Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
C2Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
C3Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
(1)This section applies if—
(a)a court has made a confiscation order,
(b)the prosecutor applies to the Crown Court for the discharge of the order, and
(c)the amount remaining to be paid under the order is less than £1,000.
(2)In such a case the court must calculate the available amount, and in doing so it must apply section 159 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.
(3)If the court—
(a)finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and
(b)is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,
it may discharge the confiscation order.
(4)The specified reasons are—
(a)in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;
(b)any reason specified by the Secretary of State by order.
(5)The Secretary of State may by order vary the amount for the time being specified in subsection (1)(c).
Commencement Information
I1S. 174 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.