Policing and Crime Act 2009

Proceeds of Crime Act 2002 (c. 29) U.K.

99 U.K. The Proceeds of Crime Act 2002 is amended as follows.

Commencement Information

I1 Sch. 7 para. 99 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

100 U.K. In section 7 (recoverable amount for the purpose of confiscation orders: England and Wales) in subsection (4) for the words from “any property” to the end substitute “the following must be ignored—

(a) any property in respect of which a recovery order is in force under section 266,

(b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and

(c) any property in respect of which a forfeiture order is in force under section 298(2).”

Commencement Information

I2 Sch. 7 para. 100 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

101 (1) Section 82 (definition of “free property”) is amended as follows. U.K.

(2) At the beginning insert—

“(1) Property is free unless it falls within subsection (2) or (3).”

(3) The existing text becomes subsection (2).

(4) In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5) At the end insert—

“(3) Property falls within this subsection if—

(a) it has been forfeited in pursuance of a forfeiture notice under section 297A;

(b) it is detained under section 297C or 297D.”

Commencement Information

I3 Sch. 7 para. 101 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

102 U.K. In section 93 (recoverable amount for the purpose of confiscation orders: Scotland) in subsection (4) for the words from “any property” to the end substitute “the following must be ignored—

(a) any property in respect of which a recovery order is in force under section 266,

(b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and

(c) any property in respect of which a forfeiture order is in force under section 298(2).”

Commencement Information

I4 Sch. 7 para. 102 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

103 (1) Section 148 (definition of “free property”) is amended as follows. U.K.

(2) At the beginning insert—

“(1) Property is free unless it falls within subsection (2) or (3).”

(3) The existing text becomes subsection (2).

(4) In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5) At the end insert—

“(3) Property falls within this subsection if—

(a) it has been forfeited in pursuance of a forfeiture notice under section 297A;

(b) it is detained under section 297C or 297D.”

Commencement Information

I5 Sch. 7 para. 103 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

104 U.K. In section 157 (recoverable amount for the purpose of confiscation orders: Northern Ireland) in subsection (4) for the words from “any property” to the end substitute “the following must be ignored—

(a) any property in respect of which a recovery order is in force under section 266,

(b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and

(c) any property in respect of which a forfeiture order is in force under section 298(2).”

Commencement Information

I6 Sch. 7 para. 104 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

105 (1) Section 230 (definition of “free property”) is amended as follows. U.K.

(2) At the beginning insert—

“(1) Property is free unless it falls within subsection (2) or (3).”

(3) The existing text becomes subsection (2).

(4) In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5) At the end insert—

“(3) Property falls within this subsection if—

(a) it has been forfeited in pursuance of a forfeiture notice under section 297A;

(b) it is detained under section 297C or 297D.”

Commencement Information

I7 Sch. 7 para. 105 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

106 U.K. In section 278 (limit on recovery by recovery order) after subsection (6) insert—

“(6A) If—

(a) recoverable property is forfeited in pursuance of a forfeiture notice under section 297A, and

(b) the enforcement authority subsequently seeks a recovery order in respect of related property,

the forfeiture notice is to be treated for the purposes of this section as if it were a recovery order obtained by the enforcement authority in respect of the forfeited property.”

Commencement Information

I8 Sch. 7 para. 106 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

107 U.K. In section 300(1) (application of cash forfeited by court under section 298) for “this Chapter” substitute “ section 298 ”.

Commencement Information

I9 Sch. 7 para. 107 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

108 (1) Section 301 (victims and other owners: application for release of cash) is amended as follows. U.K.

(2) In subsection (4)(c) for the words from “the conditions” to “that section” substitute “ the release condition is met ”.

(3) After subsection (4) insert—

“(5) The release condition is met—

(a) in relation to cash detained under section 295, if the conditions in that section for the detention of the cash are no longer met,

(b) in relation to cash detained under section 297C or 297D, if the cash is not recoverable property and is not intended by a person for use in unlawful conduct, and

(c) in relation to cash detained under 298, if the court or sheriff decides not to make an order under that section in relation to the cash.”

Commencement Information

I10 Sch. 7 para. 108 in force at 1.6.2015 for E.W.S. by S.I. 2015/983, arts. 2(2)(e), 3(ff)

I11 Sch. 7 para. 108 in force at 1.3.2016 in so far as not already in force by S.I. 2016/147, art. 3(j)

109 (1) Section 302 (compensation) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) If cash detained under this Chapter was seized in England, Wales or Northern Ireland the person to whom the cash belongs or from whom it was seized may make an application to a magistrates' court for compensation if—

(a) the cash is not forfeited in pursuance of a forfeiture notice, and

(b) no forfeiture order is made in respect of the cash.

(1A) If cash detained under this Chapter was seized in Scotland the person to whom the cash belongs or from whom it was seized may make an application to the sheriff for compensation if no forfeiture order is made in respect of the cash.”

(3) After subsection (7B) insert—

“(7C) If any cash is detained under this Chapter and part only of the cash is forfeited in pursuance of a forfeiture notice, this section has effect in relation to the other part.”

Commencement Information

I12 Sch. 7 para. 109 in force at 1.6.2015 for specified purposes for E.W.S. by S.I. 2015/983, arts. 2(2)(e), 3(gg)

I13 Sch. 7 para. 109 in force at 1.3.2016 in so far as not already in force by S.I. 2016/147, art. 3(j)

110 U.K. In section 341(3A)(a) and (b) (definition of detained cash investigation) for “section 295” substitute “ that Chapter ”.

Commencement Information

I14 Sch. 7 para. 110 in force at 1.6.2015 for E.W.S. by S.I. 2015/983, arts. 2(2)(e), 3(hh)

I15 Sch. 7 para. 110 in force at 1.3.2016 in so far as not already in force by S.I. 2016/147, art. 3(j)

111 U.K. In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section” insert “ 297C or ”.

Commencement Information

I16 Sch. 7 para. 111 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(hh)