- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/05/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/06/2015
Point in time view as at 03/05/2015. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Serious Crime Act 2015, Cross Heading: Proceeds of Crime Act 2002 (c. 29).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Yn ddilys o 01/06/2015
19U.K.In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end of subsection (5) insert— “Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”
Yn ddilys o 01/06/2015
20U.K.In section 12 of that Act (interest on unpaid sums), in subsection (1)—
(a)for “the amount required to be paid” substitute “ any amount required to be paid ”;
(b)for “must pay interest on the amount” substitute “ must pay interest on that amount ”.
Yn ddilys o 01/06/2015
21U.K.In section 14 of that Act (postponement), after paragraph (c) of subsection (12) insert—
“(ca)made an order under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);”.
Yn ddilys o 01/06/2015
22(1)Section 15 of that Act (effect of postponement) is amended as follows.U.K.
(2)In subsection (2)—
(a)at the end of paragraph (c) omit “or”;
(b)after that paragraph insert—
“(ca)make an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or”.
(3)In subsection (3)—
(a)at the end of paragraph (c) omit “or”;
(b)after that paragraph insert—
“(ca)making an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or”.
Yn ddilys o 01/06/2015
23(1)Section 19 of that Act (no order made: reconsideration of case) is amended as follows.U.K.
(2)In subsection (7), after paragraph (d) insert—
“(da)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);”.
(3)In subsection (8), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.
Yn ddilys o 01/06/2015
24(1)Section 20 of that Act (no order made: reconsideration of benefit) is amended as follows.U.K.
(2)In subsection (11), after paragraph (d) insert—
“(da)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);”.
(3)In subsection (12), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.
Yn ddilys o 01/06/2015
25(1)Section 21 of that Act (order made: reconsideration of benefit) is amended as follows.U.K.
(2)In subsection (9), after paragraph (c) insert—
“(ca)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);”.
(3)In subsection (10), after “(9)(c)” insert “ , (ca) ”.
Yn ddilys o 01/06/2015
26(1)Section 22 of that Act (order made: reconsideration of available amount) is amended as follows.U.K.
(2)In subsection (5), after paragraph (c) insert—
“(d)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge).”
(3)In subsection (6), after “(5)(c)” insert “ or (d). ”
Yn ddilys o 01/06/2015
27(1)Section 31 of that Act (appeal to Court of Appeal) is amended as follows.U.K.
(2)In the heading, after “prosecutor” insert “ etc ”.
(3)In subsection (3), after “by virtue of section” insert “ 10A, ”.
Yn ddilys o 01/06/2015
28U.K.In section 32 of that Act (Court of Appeal's powers on appeal), in subsection (7), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.
Yn ddilys o 01/06/2015
29U.K.In section 33 of that Act (appeal to Supreme Court), in subsection (9), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.
Yn ddilys o 01/06/2015
30U.K.In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2) to (4)” substitute “ 139(2), (3) ”.
Yn ddilys o 01/06/2015
31U.K.In section 41 of that Act (restraint orders), after subsection (7C) (inserted by section 11 above) insert—
“(7D)In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.”
Yn ddilys o 01/06/2015
32(1)Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.U.K.
(2)In subsection (4), for “(7)” substitute “ (8) ”.
(3)For subsection (7) substitute—
“(7)If the condition in section 40 which was satisfied was that an investigation was started—
(a)the court must discharge the order if within a reasonable time proceedings for the offence are not started;
(b)otherwise, the court must discharge the order on the conclusion of the proceedings.
(8)If the condition in section 40 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 discharge the order on the conclusion of the application.”
Yn ddilys o 01/06/2015
33U.K.In section 55 of that Act (sums received by designated officer), in subsection (5), for “an amount of compensation or all or part of an amount payable under an unlawful profit order” substitute “ an amount payable under a priority order (or orders) ”.
Yn ddilys o 01/06/2015
34U.K.In section 89 of that Act (procedure on appeal to the Court of Appeal), in subsection (4), before paragraph (a) insert—
“(za)section 31(4) (appeals against determinations under section 10A),”.
Yn ddilys o 01/03/2016
35U.K.In section 92 of that Act (making of order), at the end of subsection (6) insert—
“Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the accused to pay the recoverable amount.”
Yn ddilys o 25/11/2019
36U.K.In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—
“(d)made a restitution order;
(e)ordered the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.”
Yn ddilys o 25/11/2019
37(1)Section 100 of that Act (effect of postponement) is amended as follows.U.K.
(2)In subsection (3)—
(a)at the end of paragraph (b) omit “or”;
(b)after paragraph (c) insert—
“(d)make a restitution order, or
(e)order the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.”
(3)In subsection (4)—
(a)at the end of paragraph (b) omit “or”;
(b)after paragraph (c) insert—
“(d)making a restitution order, or
(e)ordering the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.”
Yn ddilys o 25/11/2019
38(1)Section 104 of that Act (no order made: reconsideration of case) is amended as follows.U.K.
(2)In subsection (7), after paragraph (d) insert—
“(e)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;
(f)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”
(3)After subsection (8) insert—
“(8A)If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.”
Yn ddilys o 25/11/2019
39(1)Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows.U.K.
(2)In subsection (10), after paragraph (d) insert—
“(e)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;
(f)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”
(3)After subsection (11) insert—
“(11A)If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.”
Yn ddilys o 25/11/2019
40(1)Section 106 of that Act (order made: reconsideration of benefit) is amended as follows.U.K.
(2)In subsection (8), after paragraph (c) insert—
“(d)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;
(e)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”
(3)In subsection (9)—
(a)for “the court must not” substitute “the court—
(a)must not”;
(b)at the end insert—
“(b)must not have regard to an order falling within subsection (8)(d) or (e) if a court has made a direction under section 97A(2) or (4).”
Yn ddilys o 25/11/2019
41(1)Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.U.K.
(2)In subsection (4), after paragraph (c) insert—
“(d)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;
(e)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”
(3)In subsection (5)—
(a)for “the court must not” substitute “the court—
(a)must not”;
(b)at the end insert—
“(b)must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4).”
Yn ddilys o 01/03/2016
42U.K.In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).
Yn ddilys o 01/03/2016
43(1)Section 121 of that Act (application, recall and variation) is amended as follows.U.K.
(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.”
Yn ddilys o 25/11/2019
44U.K.In section 131 of that Act (sums received by clerk of court)—
(a)in subsection (6), after “97(6)” insert “ or 97A(4) ”;
(b)after that subsection insert—
“(6A)If a direction was made under section 97A(2) or (4) for an amount payable under a restitution order or a victim surcharge under section 253F(2) of the Procedure Act to be paid out of sums recovered under the confiscation order, the clerk of court must next apply the sums in payment of that amount.”
Yn ddilys o 01/03/2016
45U.K.In section 153 of that Act (satisfaction of confiscation orders), in subsection (1) omit paragraph (b).
Yn ddilys o 01/06/2015
46U.K.In section 156 of that Act (making of order), at the end of subsection (5) insert—
“Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”
Yn ddilys o 01/06/2015
47U.K.In section 162 of that Act (interest on unpaid sums), in subsection (1)—
(a)for “the amount required to be paid” substitute “ any amount required to be paid ”;
(b)for “must pay interest on the amount” substitute “ must pay interest on that amount ”.
Yn ddilys o 01/06/2015
48(1)Section 181 of that Act (appeal to Court of Appeal) is amended as follows.U.K.
(2)In the heading, after “prosecutor” insert “ etc ”.
(3)In subsection (3), after “by virtue of section” insert “ 160A, ”.
Yn ddilys o 01/06/2015
49U.K.In section 185 of that Act (enforcement as fines)—
(a)in subsection (2) omit “(2),”;
(b)in subsection (3), after “Criminal Justice” insert “ (Children) ”.
Yn ddilys o 01/06/2015
50U.K.In section 190 of that Act (restraint orders), after subsection (7C) (inserted by section 33 above) insert—
“(7D)In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.”
Yn ddilys o 01/06/2015
51(1)Section 191 of that Act (application, discharge and variation of restraint orders) is amended as follows.U.K.
(2)In subsection (4), for “(7)” substitute “ (8) ”.
(3)For subsection (7) substitute—
“(7)If the condition in section 189 which was satisfied was that an investigation was started—
(a)the court must discharge the order if within a reasonable time proceedings for the offence are not started;
(b)otherwise, the court must discharge the order on the conclusion of the proceedings.
(8)If the condition in section 189 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 discharge the order on the conclusion of the application.”
Yn ddilys o 01/06/2015
52U.K.In section 273 of that Act (payments in respect of rights under pension schemes), in subsection (4)(b), after “section 245E,” insert “ PPO receiver, ”.
Yn ddilys o 01/06/2015
53U.K.In section 277 of that Act (consent orders: pensions), in subsection (7)(b), after “section 245E,” insert “ PPO receiver, ”.
Yn ddilys o 01/06/2015
54U.K.In section 316 of that Act (Part 5: general interpretation), in subsection (1), at the appropriate place insert—
““PPO receiver” has the meaning given by section 255G(2);”.
Yn ddilys o 01/03/2016
55U.K.In section 341 of that Act (investigations), in subsection (1) omit “or” at the end of paragraph (a).
Yn ddilys o 01/06/2015
56U.K.In section 416 of that Act (other interpretative provisions), after subsection (3) insert—
“(3A)The expressions “realisable property” and “confiscation order”—
(a)in the application of this Part to England and Wales, have the same meanings as in Part 2;
(b)in the application of this Part to Scotland, have the same meanings as in Part 3;
(c)in the application of this Part to Northern Ireland, have the same meanings as in Part 4.”
Yn ddilys o 01/06/2015
57(1)Section 459 of that Act (orders and regulations) is amended as follows.U.K.
(2)In subsection (4)(a)—
(a)after “section” insert “ 35(2C), ”;
(b)before “75(7) or (8)” insert “ 67(7A), ”.
(3)In subsection (7A)—
(a)after “section” insert “ 185(2B), ”;
(b)before “223(7) or (8)” insert “ 215(7A), ”.
58(1)In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended as follows.U.K.
(2)In paragraph (b), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
(3)In paragraph (c), for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”.
(4)In paragraph (d), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
Commencement Information
I1Sch. 4 para. 58 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(v)
Yn ddilys o 01/06/2015
59U.K.In Schedule 10 to that Act, in paragraph 1 (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (d) insert—
“(da)a PPO receiver appointed under section 255G;”.
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