Valid from 29/01/2010
Part 5 U.K.Mandatory licensing conditions relating to alcohol
29U.K.The Licensing Act 2003 (c. 17) is amended as follows.
30U.K.In section 24(2)(f) (form of premises licence) for “has effect” substitute “ is issued ”.
31U.K.In section 25A(6) (grant of premises licence: supply of alcohol from community premises) for “(4)” substitute “(5)”.
32U.K.In section 35(7) (determination of application to vary premises licence) for “19, 20 and 21” substitute “ 19 to 21 ”.
33U.K.In section 41D(5) (variation of premises licence: supply of alcohol from community premises) for “(4)” substitute “(5)”.
34U.K.In section 52(5) (determination of application for review of premises licence) for “19, 20 and 21” substitute “ 19 to 21 ”.
35U.K.In section 52A(3) (review: supply of alcohol from community premises) for “20 and 21” substitute “ 19(4) and 19A to 21 ”.
36U.K.In section 53C(5) (summary reviews of premises licences) for “19, 20 and 21” substitute “ 19 to 21 ”.
37(1)Section 57 (duty to keep and produce licence) is amended as follows.U.K.
(2)In the heading after “licence” insert “ etc. ”.
(3)In subsection (2) for “is” substitute “ and a list of any relevant mandatory conditions applicable to the licence are ”.
(4)In subsection (5)—
(a)after “it)” insert “ or a list of relevant mandatory conditions ”, and
(b)after “copy)” insert “ or the list ”.
(5)In subsection (7) after “of a premises licence” insert “ or a list of relevant mandatory conditions ”.
(6)After subsection (10) insert—
“(11)In this section “relevant mandatory conditions”, in relation to a premises licence, means conditions applicable to the licence by virtue of section 19(4) or 19A.”
38U.K.In section 72(2)(b) and (4)(a)(ii) (determination of application for club premises certificate) after “to (5)” insert “ , 73A ”.
39U.K.In section 78(2)(e) (form of club premises certificate) for “has effect” substitute “ is issued ”.
40U.K.In section 85(7) (determination of application to vary club premises certificate)—
(a)for “and 74” substitute “ to 74 ”, and
(b)for the words from “supply” to “premises” substitute “ alcohol ”.
41U.K.In section 88(5) (determination of application for review of club premises certificate)—
(a)for “and 74” substitute “ to 74 ”, and
(b)for the words from “supply” to “premises” substitute “ alcohol ”.
42(1)Section 94 (duty to keep and produce certificate) is amended as follows.U.K.
(2)In the heading after “certificate” insert “ etc. ”.
(3)In subsection (2) for “is” substitute “ and a list of any relevant mandatory conditions applicable to the certificate are ”.
(4)In subsection (7) after “copy)” insert “ or any list of relevant mandatory conditions ”.
(5)In subsection (9) after “of a club premises certificate” insert “ or a list of relevant mandatory conditions ”.
(6)After subsection (12) insert—
“(13)In this section “relevant mandatory conditions”, in relation to a club premises certificate, means conditions applicable to the certificate by virtue of section 73A or 73B.”
43U.K.In section 167(7) (review of premises licence following closure order) for “19, 20 and 21” substitute “ 19 to 21 ”.
44(1)Section 197 (regulations and orders) is amended as follows.U.K.
(2)After subsection (3)(a) (exceptions to negative procedure) insert—
“(aa)an order under section 19A or 73B (orders in relation to mandatory licensing conditions),”.
(3)In subsection (4) (affirmative procedure for orders) for “subsection (3)(b)” substitute “ subsection (3)(aa), (b), ”.
Valid from 22/11/2014
Part 6U.K.Proceeds of crime: confiscation
Valid from 01/03/2016
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))U.K.
45(1)Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Article 9) is amended as follows.U.K.
(2)In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c) insert—
“(ca)proceedings which relate to a direction under section 215D;”.
(3)In paragraph 3 (proceedings in a court of summary jurisdiction)—
(a)in sub-paragraph (j) after “sections” insert “ 195M, ”, and
(b)after that sub-paragraph insert—
“(ja)proceedings for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002;
(jb)proceedings which relate to a direction under section 215D of the Proceeds of Crime Act 2002;”.
Valid from 01/06/2015
Bankruptcy (Scotland) Act 1985 (c. 66)U.K.
46U.K.The Bankruptcy (Scotland) Act 1985 is amended as follows.
47U.K.In section 7(1) (meaning of apparent insolvency)—
(a)in paragraph (b) after “restraint order” insert “ , detained under or by virtue of a relevant detention power ”, and
(b)after the definition of “charging order” insert—
“ “relevant detention power” means section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P of the Proceeds of Crime Act 2002;”.
48(1)Section 31A (property subject to restraint order) is amended as follows.U.K.
(2)In subsection (1)—
(a)in paragraph (b) for “section 50, 128 or 198” substitute “ section 50, 67A, 128, 131A, 198 or 215A ”, and
(b)after paragraph (c) insert “, and
“(d)immediately after the discharge of the restraint order the property is not detained under or by virtue of section 44A, 47J, 122A, 127J, 193A or 195J of that Act.”
(3)For subsection (2) substitute—
“(2)The property vests in the trustee as part of the debtor‘s estate.”
49U.K.After section 31A insert—
“31AAProperty released from detention
(1)This section applies where—
(a)property is excluded from the debtor's estate by virtue of section 420(2)(b) of the Proceeds of Crime Act 2002 (property detained under certain provisions),
(b)no order is in force in respect of the property under section 41, 50, 120, 128, 190 or 198 of that Act, and
(c)the property is released.
(2)The property vests in the trustee as part of the debtor's estate.”
50U.K.In section 31B(1)(a) (property in respect of which receivership or administration order is made) for “section 420(2)(b), (c) or (d)” substitute “ section 420(2)(c) ”.
51U.K.After section 31B insert—
“31BAProperty in respect of which realisation order made
(1)This section applies where—
(a)property is excluded from the debtor's estate by virtue of section 420(2)(d) of the Proceeds of Crime Act 2002 (property in respect of which an order has been made authorising realisation of the property by an appropriate officer),
(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 appropriate officer.
(2)The property vests in the trustee as part of the debtor's estate.”
52(1)Section 31C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.U.K.
(2)In subsection (1)(a) for the words from “in respect” to “force” substitute “ excluded from debtor's estate ”.
(3)For subsection (2) substitute—
“(2)Any such property vests in the trustee as part of the debtor's estate if it is in the hands of—
(a)a receiver appointed under Part 2 or 4 of that Act,
(b)an administrator appointed under Part 3 of that Act,
(c)an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).”
Valid from 01/06/2015
Insolvency Act 1986 (c. 45)U.K.
53U.K.The Insolvency Act 1986 is amended as follows.
54(1)Section 306A (property subject to restraint order) is amended as follows.U.K.
(2)In subsection (1)—
(a)in paragraph (b) for “section 50, 128 or 198” substitute “ section 50, 67A, 128, 131A, 198 or 215A ”, and
(b)after paragraph (c) insert
“, and
(d)immediately after the discharge of the restraint order the property is not detained under or by virtue of section 44A, 47J, 122A, 127J, 193A or 195J of that Act.”
(3)For subsection (2) substitute—
“(2)The property vests in the trustee as part of the bankrupt's estate.”
55U.K.After section 306A insert—
“306AAProperty released from detention
(1)This section applies where—
(a)property is excluded from the bankrupt's estate by virtue of section 417(2)(b) of the Proceeds of Crime Act 2002 (property detained under certain provisions),
(b)no order is in force in respect of the property under section 41, 50, 120, 128, 190 or 198 of that Act, and
(c)the property is released.
(2)The property vests in the trustee as part of the bankrupt's estate.”
56U.K.In section 306B(1)(a) (property in respect of which receivership or administration order is made) for “section 417(2)(b), (c) or (d)” substitute “ section 417(2)(c) ”.
57U.K.After section 306B insert—
“306BAProperty in respect of which realisation order made
(1)This section applies where—
(a)property is excluded from the bankrupt's estate by virtue of section 417(2)(d) of the Proceeds of Crime Act 2002 (property in respect of which an order has been made authorising realisation of the property by an appropriate officer),
(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 appropriate officer.
(2)The property vests in the trustee as part of the bankrupt's estate.”
58(1)Section 306C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.U.K.
(2)In subsection (1)(a) for the words from “in respect” to “force” substitute “ excluded from bankrupt's estate ”.
(3)For subsection (2) substitute—
“(2)Any such property vests in the trustee as part of the bankrupt's estate if it is in the hands of—
(a)a receiver appointed under Part 2 or 4 of that Act,
(b)an administrator appointed under Part 3 of that Act,
(c)an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).”
Valid from 01/06/2015
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))U.K.
59U.K.The Insolvency (Northern Ireland) Order 1989 is amended as follows.
60(1)Article 279A (property subject to restraint order) is amended as follows.U.K.
(2)In paragraph (1)—
(a)in sub-paragraph (b) for “section 50, 128 or 198” substitute “ section 50, 67A, 128, 131A, 198 or 215A ”, and
(b)after sub-paragraph (c) insert “, and
“(d)immediately after the discharge of the restraint order the property is not detained under or by virtue of section 44A, 47J, 122A, 127J, 193A or 195J of that Act.”
(3)For paragraph (2) substitute—
“(2)The property vests in the trustee as part of the bankrupt's estate.”
61U.K.After Article 279A insert—
“279AAProperty released from detention
(1)This Article applies where—
(a)property is excluded from the bankrupt's estate by virtue of section 423(2)(b) of the Proceeds of Crime Act 2002 (property detained under certain provisions),
(b)no order is in force in respect of the property under section 41, 50, 120, 128, 190 or 198 of that Act, and
(c)the property is released.
(2)The property vests in the trustee as part of the bankrupt's estate.”
62U.K.In Article 279B(1)(a) (property in respect of which receivership or administration order is made) for “section 423(2)(b), (c) or (d)” substitute “ section 423(2)(c) ”.
63U.K.After Article 279B insert—
“279BAProperty in respect of which realisation order made
(1)This Article applies where—
(a)property is excluded from the bankrupt's estate by virtue of section 423(2)(d) of the Proceeds of Crime Act 2002 (property in respect of which an order has been made authorising realisation of the property by an appropriate officer),
(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 appropriate officer.
(2)The property vests in the trustee as part of the bankrupt's estate.”
64(1)Article 279C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.U.K.
(2)In paragraph (1)(a) for the words from “in respect” to “force” substitute “ excluded from the bankrupt's estate ”.
(3)For paragraph (2) substitute—
“(2)Any such property vests in the trustee as part of the bankrupt's estate if it is in the hands of—
(a)a receiver appointed under Part 2 or 4 of that Act,
(b)an administrator appointed under Part 3 of that Act,
(c)an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).”
Valid from 01/03/2016
Access to Justice Act 1999 (c. 22)U.K.
65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds of Crime Act 2002 (c. 29)U.K.
66U.K.The Proceeds of Crime Act 2002 is amended as follows.
Valid from 01/06/2015
67U.K.In section 69(1) (exercise of powers of court and receiver) for “67” substitute “ 67D ”.
Valid from 01/06/2015
68U.K.In section 85 (proceedings: England and Wales) for subsection (7) substitute—
“(7)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).”
Valid from 01/06/2015
69U.K.In section 87(2) (definition of confiscation order subject to appeal: England and Wales) omit the words from “; and for” to the end.
Valid from 01/06/2015
70U.K.After section 87 insert—
“87ANo further possibility of appeal
(1)The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of—
(a)an appeal against a decision of a court, or
(b)an appeal on which an order of a court could be varied or quashed.
(2)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.”
Valid from 01/06/2015
71U.K.In section 132(1) (exercise of powers of court and administrator) for “131” substitute “ 131D ”.
Valid from 01/06/2015
72U.K.In section 153(2) (definition of confiscation order subject to appeal: Scotland) omit the words from “; and for” to the end.
Valid from 01/06/2015
73U.K.After section 153 insert—
“153ANo further possibility of appeal
(1)The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of—
(a)an appeal against (or review of) a decision of a court, or
(b)an appeal on which an order of a court could be varied or quashed.
(2)Any power—
(a)to allow an appeal (or review) out of time, or
(b)to extend the time for applying for leave to appeal,
must be ignored.”
Valid from 01/03/2016
74U.K.In section 217(1) (exercise of powers of court and receiver) for “215” substitute “ 215D ”.
Valid from 01/06/2015
75U.K.In section 233 (proceedings: Northern Ireland) for subsection (7) substitute—
“(7)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).”
Valid from 01/06/2015
76U.K.In section 235(2) (definition of confiscation order subject to appeal: Northern Ireland) omit the words from “; and for” to the end.
Valid from 01/06/2015
77U.K.After section 235 insert—
“235ANo further possibility of appeal
(1)The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of—
(a)an appeal against a decision of a court, or
(b)an appeal on which an order of a court could be varied or quashed.
(2)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.”
Valid from 01/06/2015
78U.K.In section 308 (recoverable property: exceptions) after subsection (8) insert—
“(8A)Property is not recoverable while it is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P.”
Valid from 01/06/2015
79U.K.In section 417 (property excluded from estate of person adjudged bankrupt in England and Wales) for subsection (2) substitute—
“(2)The following property is excluded from the person's estate for the purposes of Part 9 of the 1986 Act—
(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt;
(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c)property in respect of which an order under section 50, 128(3) or 198 is in force;
(d)property in respect of which an order under section 67A, 131A or 215A is in force.”
Valid from 01/06/2015
80(1)Section 418 (restriction of powers where person adjudged bankrupt in England and Wales) is amended as follows.U.K.
(2)In subsection (2)—
(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,
(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and
(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.
(3)In subsection (3) after paragraph (e) insert—
“(f)in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).”
Valid from 01/06/2015
81(1)Section 419 (tainted gifts by person adjudged bankrupt in England and Wales) is amended as follows.U.K.
(2)In subsection (2)—
(a)after paragraph (a) insert—
“(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b)after paragraph (b) insert “, or
(c)there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3)In subsection (3) for “subsection (2)(a) or (b)” substitute “ subsection (2)(a), (b) or (c) ”.
Valid from 01/06/2015
82U.K.In section 420 (property excluded from the debtor‘s estate where sequestration in Scotland) for subsection (2) substitute—
“(2)The following property is excluded from the debtor's estate for the purposes of the 1985 Act—
(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the award of sequestration;
(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c)property in respect of which an order under section 50, 128(3) or 198 is in force;
(d)property in respect of which an order under section 67A, 131A or 215A is in force.”
Valid from 01/06/2015
83(1)Section 421 (restriction of powers where award of sequestration) is amended as follows.U.K.
(2)In subsection (2)—
(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,
(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and
(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.
(3)In subsection (3) after paragraph (e) insert—
“(f)in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).”
Valid from 01/06/2015
84(1)Section 422 (tainted gifts by person whose estate is sequestrated in Scotland) is amended as follows.U.K.
(2)In subsection (2)—
(a)after paragraph (a) insert—
“(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b)after paragraph (b) insert “, or
(c)there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3)In subsection (3) for “subsection (2)(a) or (b)” substitute “ subsection (2)(a), (b) or (c) ”.
Valid from 01/06/2015
85U.K.In section 423 (property excluded from estate of person adjudged bankrupt in Northern Ireland) for subsection (2) substitute—
“(2)The following property is excluded from the person's estate for the purposes of Part 9 of the 1989 Order—
(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt;
(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c)property in respect of which an order under section 50, 128(3) or 198 is in force;
(d)property in respect of which an order under section 67A, 131A or 215A is in force.”
Valid from 01/06/2015
86(1)Section 424 (restriction of powers where person adjudged bankrupt in Northern Ireland) is amended as follows.U.K.
(2)In subsection (2)—
(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,
(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and
(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.
(3)In subsection (3) after paragraph (e) insert—
“(f)in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).”
Valid from 01/06/2015
87(1)Section 425 (tainted gifts by person who is adjudged bankrupt in Northern Ireland) is amended as follows.U.K.
(2)In subsection (2)—
(a)after paragraph (a) insert—
“(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b)after paragraph (b) insert “, or
(c)there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3)In subsection (3) for “subsection (2)(a) or (b)” substitute “ subsection (2)(a), (b) or (c) ”.
Valid from 01/06/2015
88(1)Section 426 (winding up under the Insolvency Act 1986) is amended as follows.U.K.
(2)For subsection (2) substitute—
“(2)If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property—
(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;
(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c)property in respect of which an order under section 50, 128(3) or 198 is in force;
(d)property in respect of which an order under section 67A, 131A or 215A is in force.”
(3)In subsection (5)—
(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,
(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and
(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.
Valid from 01/06/2015
89(1)Section 427 (tainted gifts by company: winding up in England and Wales or Scotland) is amended as follows.U.K.
(2)In subsection (3)—
(a)after paragraph (a) insert—
“(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b)after paragraph (b) insert “, or
(c)there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3)In subsection (4) for “subsection (3)(a) or (b)” substitute “ subsection (3)(a), (b) or (c) ”.
Valid from 01/06/2015
90(1)Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) is amended as follows.U.K.
(2)For subsection (2) substitute—
“(2)If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property—
(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;
(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c)property in respect of which an order under section 50, 128(3) or 198 is in force;
(d)property in respect of which an order under section 67A, 131A or 215A is in force.”
(3)In subsection (5)—
(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,
(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and
(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.
Valid from 01/06/2015
91(1)Section 429 (tainted gifts by company: winding up in Northern Ireland) is amended as follows.U.K.
(2)In subsection (3)—
(a)after paragraph (a) insert—
“(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,”, and
(b)after paragraph (b) insert “, or
(c)there is in force in respect of such property an order under section 67A, 131A or 215A.”
(3)In subsection (4) for “subsection (3)(a) or (b)” substitute “ subsection (3)(a), (b) or (c) ”.
Valid from 01/06/2015
92(1)Section 430 (restriction of powers where company holds property subject to floating charge) is amended as follows.U.K.
(2)For subsection (2) substitute—
“(2)If a company holds property which is subject to a floating charge, and a receiver has been appointed by or on the application of the holder of the charge, the functions of the receiver are not exercisable in relation to the following property—
(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;
(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;
(c)property in respect of which an order under section 50, 128(3) or 198 is in force;
(d)property in respect of which an order under section 67A, 131A or 215A is in force.”
(3)In subsection (5)—
(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,
(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and
(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.
Valid from 01/06/2015
93(1)Section 432 (insolvency practitioners) is amended as follows.U.K.
(2)After subsection (6) insert—
“(6A)Subsection (7) also applies if—
(a)property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,
(b)a person acting as an insolvency practitioner incurs expenses which are not ones in respect of the detained property, and
(c)the expenses are ones which (but for the effect of the detention of the property) might have been met by taking possession of and realising the property.”
(3)For subsection (7) substitute—
“(7)Whether or not the insolvency practitioner has seized or disposed of any property, the insolvency practitioner is entitled to payment of the expenses under—
(a)section 54(2), 55(3) or 67D(2) if the restraint order was made under section 41 or (as the case may be) the property was detained under or by virtue of section 44A, 47J, 47K, 47M or 47P,
(b)section 130(3), 131(3) or 131D(2) if the restraint order was made under section 120 or (as the case may be) the property was detained under or by virtue of section 122A, 127J, 127K, 127M or 127P, and
(c)section 202(2), 203(3) or 215D(2) if the restraint order was made under section 190 or (as the case may be) the property was detained under or by virtue of section 193A, 195J, 195K, 195M or 195P.”
Valid from 01/06/2015
94U.K.In section 453A(5) (offences in relation to financial investigators) for paragraph (a) substitute—
“(a)sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);”.
95(1)Section 459 (orders and regulations) is amended as follows.U.K.
(2)In subsection (4)(a) (orders not subject to negative procedure: Secretary of State etc.)—
(a)after “section” insert “ 41A(5), 47S(4), ”, and
(b)after “75(7) or (8),” insert “ 190A(5), 195S(4), ”.
(3)In subsection (6)(a) (orders subject to affirmative procedure: Secretary of State etc.)—
(a)after “section” insert “ 41A(5), 47S(4), ”, and
(b)after “75(7) or (8),” insert “ 190A(5), 195S(4), ”.
Valid from 01/03/2016
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))U.K.
96(1)Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) is amended as follows.U.K.
(2)In paragraph 2(d) (proceedings in a court of summary jurisdiction in which representation may be funded)—
(a)in paragraph (xii) after “section” insert “ 195M, ”, and
(b)after paragraph (xiii) insert—
“(xiv)for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or
(xv)which relate to a direction under section 215D of the Proceeds of Crime Act 2002,”.
(3)In paragraph 3 (certain Crown Court proceedings in which representation may be funded) after paragraph (c) insert—
“(ca)proceedings which relate to a direction under section 215D;”.
Valid from 01/06/2015
Part 7U.K.Proceeds of crime: forfeiture of detained cash
Valid from 01/03/2016
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))U.K.
97U.K.In paragraph 3(j) of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings in a court of summary jurisdiction in respect of which legal aid may be given under Article 9) after “295, 297,” insert “ 297E, 297F, ”.
Valid from 01/03/2016
Access to Justice Act 1999 (c. 22)U.K.
98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds of Crime Act 2002 (c. 29)U.K.
99U.K.The Proceeds of Crime Act 2002 is amended as follows.
100U.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).”
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.”
102U.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).”
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.”
104U.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).”
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.”
106U.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.”
107U.K.In section 300(1) (application of cash forfeited by court under section 298) for “this Chapter” substitute “ section 298 ”.
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.”
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.”
110U.K.In section 341(3A)(a) and (b) (definition of detained cash investigation) for “section 295” substitute “ that Chapter ”.
111U.K.In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section” insert “ 297C or ”.
Valid from 01/03/2016
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))U.K.
112U.K.In paragraph 2(d)(xii) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: proceedings in a court of summary jurisdiction in which representation may be funded) after “295, 297,” insert “ 297E, 297F, ”.
UK Borders Act 2007 (c. 30)U.K.
113U.K.In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers) for “section 290” substitute “ sections 290 and 297A ”.