97Confiscation orders by magistrates' courtsE+W+N.I.
(1)The Secretary of State may by order make such provision as he considers appropriate for or in connection with enabling confiscation orders under—
(a)Part 2 of the Proceeds of Crime Act 2002 (c. 29) (confiscation: England and Wales), F1...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to be made by magistrates' courts in England and Wales F3....
[F4(1ZA)But an order under subsection (1) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
(1ZB)The Secretary of State may by order amend subsection (1ZA) so as to substitute a different amount.]
[F5(1A)The Department of Justice in Northern Ireland may by order make such provision as the Department considers appropriate for or in connection with enabling confiscation orders under Part 4 of the 2002 Act (confiscation: Northern Ireland) to be made by magistrates’ courts in Northern Ireland.]
(2)But an order under subsection F6... [F7(1A)] may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
[F8(2A)The Department of Justice may by order amend subsection (2) so as to substitute a different amount.]
(3)An order under subsection (1) [F7or (1A)] may amend, repeal, revoke or otherwise modify any provision of Part 2 or 4 of the 2002 Act [F9(as the case may be)] or any other enactment relating to, or to things done under or for the purposes of, [F10that Part (or any provision of that Part)].
Textual Amendments
F1Word in s. 97(1) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(2)(a) (with arts. 28-31)
F2S. 97(1)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(2)(b) (with arts. 28-31)
F3Words in s. 97(1) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(2)(c) (with arts. 28-31)
F4S. 97(1ZA)(1ZB) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 40(2), 88(1); S.I. 2015/820, reg. 3(m)
F5S. 97(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(3) (with arts. 28-31)
F6Words in s. 97(2) omitted (1.6.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 40(3), 88(1); S.I. 2015/820, reg. 3(m)
F7Words in s. 97(2)(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(4) (with arts. 28-31)
F8S. 97(2A) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 40(4), 88(1); S.I. 2015/820, reg. 3(m)
F9Words in s. 97(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(5)(a) (with arts. 28-31)
F10Words in s. 97(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(5)(b) (with arts. 28-31)
Commencement Information
I1S. 97 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(a)