Valid from 24/03/2003
16(1)The Insolvency Act 1986 is amended as follows.
(2)In section 281 (effect of discharge) after subsection (4) insert—
“(4A)In subsection (4) the reference to a fine includes a reference to a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.”
(3)After section 306 insert—
(1)This section applies where—
(a)property is excluded from the bankrupt’s estate by virtue of section 417(2)(a) of the Proceeds of Crime Act 2002 (property subject to a restraint order),
(b)an order under section 50, 52, 128, 198 or 200 of that Act has not been made in respect of the property, and
(c)the restraint order is discharged.
(2)On the discharge of the restraint order the property vests in the trustee as part of the bankrupt’s estate.
(3)But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).
(1)This section applies where—
(a)property is excluded from the bankrupt’s estate by virtue of section 417(2)(b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which an order for the appointment of a receiver or administrator under certain provisions of that Act is in force),
(b)a confiscation order is made under section 6, 92 or 156 of that Act,
(c)the amount payable under the confiscation order is fully paid, and
(d)any of the property remains in the hands of the receiver or administrator (as the case may be).
(2)The property vests in the trustee as part of the bankrupt’s estate.
(1)This section applies where—
(a)property is excluded from the bankrupt’s estate by virtue of section 417(2)(a), (b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which a restraint order or an order for the appointment of a receiver or administrator under that Act is in force),
(b)a confiscation order is made under section 6, 92 or 156 of that Act, and
(c)the confiscation order is discharged under section 30, 114 or 180 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence.
(2)Any such property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the trustee as part of the bankrupt’s estate.
(3)But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).”