SCHEDULES
SCHEDULE 8Abolition of Assets Recovery Agency and its Director
Part 1Abolition of confiscation functions
I11
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
I22
In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.
I33
In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.
I44
In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.
I55
1
Section 16 (statement of information) is amended as follows.
2
In subsection (1) omit “or the Director (as the case may be)”.
3
In subsection (3) omit—
a
“or the Director (as the case may be)”; and
b
“or the Director”.
4
In subsection (4) omit “or Director”.
5
In subsection (5) omit—
a
“or the Director (as the case may be)”; and
b
“or the Director”.
6
In subsection (6) omit “or the Director”.
I66
In section 17(1) (defendant's response to statement of information) omit “or the Director”.
I77
In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.
I88
In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.
I99
1
Section 20 (no order made: reconsideration of benefit) is amended as follows.
2
Omit subsection (3).
3
In subsection (4)—
a
omit the words from “If the court” to “to do so,”; and
b
in paragraph (b) omit “or the Director”.
I1010
In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.
I1111
In section 22(2) (order made: reconsideration of available amount)—
a
omit paragraph (b); and
b
in paragraph (c) omit “or 52”.
I1212
In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.
I1313
1
Section 26 (information) is amended as follows.
2
In subsection (1)(b) omit “or the Director”.
3
In subsection (2)—
a
in paragraph (a) omit “or the Director (as the case may be)”; and
b
in paragraph (b) omit “or the Director”.
I1414
1
Section 27 (defendant convicted or committed) is amended as follows.
2
In subsection (3)(a) omit “or the Director”.
3
In subsection (5)(b) omit “or the Director (as the case may be)”.
4
In subsection (7) omit “or the Director”.
I1515
1
Section 28 (defendant neither convicted nor acquitted) is amended as follows.
2
In subsection (3)(a) omit “or the Director”.
3
In subsection (5)(b) omit “or the Director (as the case may be)”.
I1616
1
Section 31 (appeal by prosecutor or Director) is amended as follows.
2
In the heading omit “or Director”.
3
In subsection (1) omit “or the Director”.
4
In subsection (2) omit “or the Director”.
I1717
In section 33(2) (appeal to the House of Lords)—
a
in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and
b
omit paragraph (b).
I1818
Omit section 34 (Director as enforcement authority).
I1919
1
Section 35 (Director not appointed as enforcement authority) is amended as follows.
2
For the heading substitute “
Enforcement as fines
”
.
3
In subsection (1) omit paragraph (b) and the word “and” before it.
I2020
Omit sections 36 and 37 (Director appointed as enforcement authority and Director's application for enforcement).
I2121
1
Section 39 (reconsideration etc: variation of prison term) is amended as follows.
2
In subsection (5) for “appropriate person” substitute “
prosecutor
”
.
3
Omit subsection (6).
I2222
1
Section 40 (conditions for exercise of powers) is amended as follows.
2
In subsection (4)(a) omit “or the Director”.
3
In subsection (5)(a) omit “or the Director”.
4
In subsection (6)(a) omit “or the Director”.
5
In subsection (8)(b) omit “or the Director (as the case may be)”.
I2323
In section 42(2) (application, discharge and variation) omit paragraph (b).
I2424
Omit sections 52 and 53 (Director's receivers).
I2525
Omit sections 56 and 57 (Director's receivers and sums received by Director).
I2626
In section 58(6)(b)
(restraint orders: restrictions) for “, 50 or 52” substitute “
or 50
”
.
I2727
Omit section 60 (Director's receivers).
I2828
In section 61 (protection) for “, 50 or 52” substitute “
or 50
”
.
I2929
In section 62(1)
(further applications) for “, 50 or 52” substitute “
or 50
”
.
I3030
In section 63(1) (discharge and variation)—
a
for “to 53” substitute “
to 51
”
; and
b
in paragraph (b) omit the words from “or”, where it first appears, to “Director”.
I3131
1
Section 64 (management receivers: discharge) is amended as follows.
2
In subsection (1)(b) omit the words from “or” to “section 52”.
3
Omit subsection (3).
I3232
1
Section 65 (appeal to Court of Appeal) is amended as follows.
2
In subsection (1) omit “or section 53”.
3
In subsection (2) omit “or section 53”.
4
In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.
I3333
In section 67(4) (seized money) omit paragraph (c).
I3434
In section 69(1) (powers of court and receiver)—
a
in paragraph (a) for “60” substitute “
59
”
; and
b
in paragraph (b) for “, 50 or 52” substitute “
or 50
”
.
I3535
In section 74(1) (enforcement abroad)—
a
in paragraph (b) omit “or the Director”; and
b
in paragraph (c) omit “or the Director (as the case may be)”.
I3636
In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.
I3737
In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.
I3838
In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.
I3939
1
Section 166 (statement of information) is amended as follows.
2
In subsection (1) omit “or the Director (as the case may be)”.
3
In subsection (3) omit—
a
“or the Director (as the case may be)”; and
b
“or the Director”.
4
In subsection (4) omit “or Director”.
5
In subsection (5) omit—
a
“or the Director (as the case may be)”; and
b
“or the Director”.
6
In subsection (6) omit “or the Director”.
I4040
In section 167(1) (defendant's response to statement of information) omit “or the Director”.
I4141
In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.
I4242
In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.
I4343
1
Section 170 (no order made: reconsideration of benefit) is amended as follows.
2
Omit subsection (3).
3
In subsection (4)—
a
omit the words from “If the court” to “to do so,”; and
b
in paragraph (b) omit “or the Director”.
I4444
In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.
I4545
In section 172(2) (order made: reconsideration of available amount)—
a
omit paragraph (b); and
b
in paragraph (c) omit “or 200”.
I4646
In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.
I4747
1
Section 176 (information) is amended as follows.
2
In subsection (1)(b) omit “or the Director”.
3
In subsection (2)—
a
in paragraph (a) omit “or the Director (as the case may be)”; and
b
in paragraph (b) omit “or the Director”.
I4848
1
Section 177 (defendant convicted or committed) is amended as follows.
2
In subsection (3)(a) omit “or the Director”.
3
In subsection (5)(b) omit “or the Director (as the case may be)”.
4
In subsection (7) omit “or the Director”.
I4949
1
Section 178 (defendant neither convicted nor acquitted) is amended as follows.
2
In subsection (3)(a) omit “or the Director”.
3
In subsection (5)(b) omit “or the Director (as the case may be)”.
I5050
1
Section 181 (appeal by prosecutor or Director) is amended as follows.
2
In the heading omit “or Director”.
3
In subsection (1) omit “or the Director”.
4
In subsection (2) omit “or the Director”.
I5151
In section 183(2) (appeal to the House of Lords)—
a
in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and
b
omit paragraph (b).
I5252
Omit section 184 (Director as enforcement authority).
I5353
Omit section 186 (Director's application for enforcement).
I5454
1
Section 188 (reconsideration etc: variation of prison term) is amended as follows.
2
In subsection (5) for “appropriate person” substitute “
prosecutor
”
.
3
Omit subsection (6).
I5555
1
Section 189 (conditions for exercise of powers) is amended as follows.
2
In subsection (4)(a) omit “or the Director”.
3
In subsection (5)(a) omit “or the Director”.
4
In subsection (6)(a) omit “or the Director”.
5
In subsection (8)(b) omit “or the Director (as the case may be)”.
I5656
In section 191(2) (application, discharge and variation) omit paragraph (b).
I5757
Omit sections 200 and 201 (Director's receivers).
I5858
Omit sections 204 and 205 (Director's receivers and sums received by Director).
I5959
In section 206(5)(b)
(restraint orders) for “, 198 or 200” substitute “
or 198
”
.
I6060
Omit section 208 (Director's receivers).
I6161
In section 209 (protection) for “, 198 or 200” substitute “
or 198
”
.
I6262
1
Section 210 (further applications) is amended as follows.
2
In subsection (1) for “, 198 or 200” substitute “
or 198
”
.
3
In subsection (2)(b) omit “or 200”.
4
In subsection (3) omit “or 200”.
I6363
In section 211(1) (discharge and variation)—
a
for “any of sections 198 to 201” substitute “
section 198 or 199
”
; and
b
in paragraph (b) omit the words from “or”, where it first appears, to “Director”.
I6464
1
Section 212 (management receivers: discharge) is amended as follows.
2
In subsection (1)(b) omit the words from “or” to “section 200”.
3
Omit subsection (3).
I6565
1
Section 213 (appeal to Court of Appeal) is amended as follows.
2
In subsection (1) omit “or section 201”.
3
In subsection (2) omit “or section 201”.
4
In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.
I6666
In section 215(4) (seized money) omit paragraph (d).
I6767
In section 217(1) (powers of court and receiver)—
a
in paragraph (a) for “208” substitute “
207
”
; and
b
in paragraph (b) for “, 198 or 200” substitute “
or 198
”
.
I6868
In section 222(1) (enforcement abroad)—
a
in paragraph (b) omit “or the Director”; and
b
in paragraph (c) omit “or the Director (as the case may be)”.
I6969
In section 417(2) (insolvency etc: modifications of the 1986 Act)—
a
in paragraph (b) omit “or 52”; and
b
in paragraph (d) omit “or 200”.
I7070
1
Section 418 (restriction of powers) is amended as follows.
2
In subsection (2)—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.
3
In subsection (3)(d) for “, 52, 198 or 200” substitute “
or 198
”
.
I7171
In section 419(2)(b) (tainted gifts)—
a
omit “52,”; and
b
for “, 198 or 200” substitute “
or 198
”
.
I7272
In section 420(2) (modifications of the 1985 Act)—
a
in paragraph (b) omit “or 52”; and
b
in paragraph (d) omit “or 200”.
I7373
1
Section 421 (restriction of powers) is amended as follows.
2
In subsection (2)—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.
3
In subsection (3)(d) for “, 52, 198 or 200” substitute “
or 198
”
.
I7474
In section 422(2)(b) (tainted gifts)—
a
omit “52,”; and
b
for “, 198 or 200” substitute “
or 198
”
.
I7575
In section 423(2) (modifications of the 1989 Order)—
a
in paragraph (b) omit “or 52”; and
b
in paragraph (d) omit “or 200”.
I7676
1
Section 424 (restriction of powers) is amended as follows.
2
In subsection (2)—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.
3
In subsection (3)(d) for “, 52, 198 or 200” substitute “
or 198
”
.
I7777
In section 425(2)(b) (tainted gifts)—
a
omit “52,”; and
b
for “, 198 or 200” substitute “
or 198
”
.
I7878
1
Section 426 (winding up under the 1986 Act) is amended as follows.
2
In subsection (2)—
a
in paragraph (b) omit “or 52”; and
b
in paragraph (d) omit “or 200”.
3
In subsection (5)—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.
I7979
In section 427(3)(b) (tainted gifts)—
a
omit “52,”; and
b
for “, 198 or 200” substitute “
or 198
”
.
I8080
1
Section 428 (winding up under the 1989 Order) is amended as follows.
2
In subsection (2)—
a
in paragraph (b) omit “or 52”; and
b
in paragraph (d) omit “or 200”.
3
In subsection (5)—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.
I8181
In section 429(3)(b) (tainted gifts)—
a
omit “52,”; and
b
for “, 198 or 200” substitute “
or 198
”
.
I8282
1
Section 430 (floating charges) is amended as follows.
2
In subsection (2)—
a
in paragraph (b) omit “or 52”; and
b
in paragraph (d) omit “or 200”.
3
In subsection (5)—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.
I8383
In section 432(7) (insolvency practitioners)—
a
in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “
or 55(3)
”
; and
b
in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “
or 203(3)
”
.
I8484
In Schedule 10 (tax), in paragraph 1—
a
in paragraph (a) for “, 50 or 52” substitute “
or 50
”
; and
b
in paragraph (c) for “, 198 or 200” substitute “
or 198
”
.