SCHEDULEConsequential amendments
Administration of Justice Act 1970 (c. 31)
I1I231
The Administration of Justice Act 1970 is amended as follows.
F32
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I2I243
In Schedule 9 (enforcement of orders for costs, compensation, etc), in Part 1 (payment enforceable as on summary conviction), after paragraph 13 insert—
13A
Where under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.
Housing Act 1988 (c. 50)
I3I254
In section 1 of the Housing Act 1988 (meaning of assured tenancy), after subsection (1) insert—
1A
Subsection (1) has effect subject to section 15A (loss of assured tenancy status).
Criminal Justice Act 1991 (c. 53)
I4I265
1
Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.
2
In subsection (1)—
F4a
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b
in paragraph (a), for “or compensation” substitute “
, compensation or unlawful profit
”
.
F53
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4
In subsection (4), after the definition of “prescribed” insert
;
unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
Family Law Act 1996 (c. 27)
I5I276
In section 30(4)(b) of the Family Law Act 1996 (occupation by spouse or civil partner with home rights to be treated as occupation by other spouse or civil partner), for “and Chapter I of Part V of the Housing Act 1996” substitute “
, Chapter 1 of Part 5 of the Housing Act 1996 and the Prevention of Social Housing Fraud Act 2013
”
.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
I6I287
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
F98
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F69
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I7I2910
In section 142(1) (power of Crown Court to order defendant to be searched on imposing fine or making various orders), after paragraph (c) insert—
ca
the Crown Court makes an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 against a person,
Proceeds of Crime Act 2002 (c. 29)
I8I3011
The Proceeds of Crime Act 2002 is amended as follows.
I9I3112
In section 6 (making of confiscation order), after subsection (6) insert—
6A
The court must also treat the duty in subsection (5) as a power if—
a
an order has been made, or it believes an order may be made, against the defendant under section 4 (criminal unlawful profit orders) of the Prevention of Social Housing Fraud Act 2013 in respect of profit made by the defendant in connection with the conduct, or
b
it believes that a person has at any time started or intends to start proceedings against the defendant under section 5 (civil unlawful profit orders) of that Act in respect of such profit.
I10I3213
In section 7(3) (calculation of recoverable amount), after “section 6(6)” insert “
or 6(6A)
”
.
F114
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I11I3315
In section 14(12) (quashing of confiscation order on ground of defect in connection with postponement permitted where certain fines and orders made before confiscation order), at the end of paragraph (c) insert
;
d
made an order under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
I12I3416
1
Section 15 (effect of postponement of confiscation proceedings) is amended as follows.
2
In subsection (2) (power to sentence defendant during postponement not to cover imposing fines or certain orders)—
a
omit the “or” at the end of paragraph (b), and
b
at the end of paragraph (c) insert
, or
d
make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
3
In subsection (3) (power, after sentencing during postponement, to vary sentence to impose fines or certain orders)—
a
omit the “or” at the end of paragraph (b), and
b
at the end of paragraph (c) insert
, or
d
making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
I13I3517
1
Section 19 (reconsideration of case after confiscation order not made) is amended as follows.
2
In subsection (7) (fines and orders to be taken into account in arriving at the just amount), at the end of paragraph (d) insert
;
e
any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
3
In subsection (8) (disapplication of section 13(5) and (6) where compensation order made), after “Sentencing Act” insert “
or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013
”
.
I14I3618
1
Section 20 (reconsideration of benefit after confiscation order not made) is amended as follows.
2
In subsection (11) (fines and orders to be taken into account in arriving at the just amount), at the end of paragraph (d) insert
;
e
any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
3
In subsection (12) (disapplication of section 13(5) and (6) where compensation order made), after “Sentencing Act” insert “
or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013
”
.
I15I3719
1
Section 21 (reconsideration of benefit after confiscation order made) is amended as follows.
2
In subsection (9) (fines and orders to be taken into account in arriving at the just amount), at the end of 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 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
3
In subsection (10) (court not to take account of compensation order if direction made under section 13(6)), after “(9)(c)” insert “
or (d)
”
.
I16I3820
In section 32(7) (Court of Appeal's power on appeal: duty to have regard to compensation order), after “orders)” insert “
or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)
”
.
I17I3921
In section 33(9) (Crown Court's powers following appeal to Supreme Court: duty to have regard to compensation order), after “orders)” insert “
or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)
”
.
F222
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I18I4023
In section 308 (general exceptions to concept of recoverable property), after subsection (7) insert—
7A
If—
a
a payment is made to a person in pursuance of an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013, and
b
apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
Courts Act 2003 (c. 39)
I19I4124
Schedule 5 to the Courts Act 2003 (collection of fines and other sums adjudged to be paid on conviction) is amended as follows.
I20I4225
In paragraph 2(2) (interpretation), after the definition of “a sum required to be paid by a compensation order” insert
; and
a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013.
F726
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I21I4327
In paragraph 13(1)(aa) (requirement for collection order to state amount of fine or amount payable under collection order)—
a
for “or a sum required to be paid by a compensation order” substitute “
, a sum required to be paid by a compensation order or a sum required to be paid by an unlawful profit order
”
, and
b
for sub-paragraph (i) substitute—
i
the amount of the fine, the amount required to be paid by the compensation order or the amount required to be paid by the unlawful profit order (or, where that sum consists of or includes two or more of those amounts, each of those amounts),
Criminal Justice Act 2003 (c. 44)
F828
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F829
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F830
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Armed Forces Act 2006 (c. 52)
I22I4431
In the section 270A of the Armed Forces Act 2006 inserted by paragraph 20(2) of Schedule 3 to the Armed Forces Act 2011 (exceptions to restrictions on community punishments), in subsection (6) (orders which do not form part of an offender's sentence), at the end of paragraph (c) insert
;
d
an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.