SCHEDULES
SCHEDULE 4Minor and consequential amendments
Proceeds of Crime Act 2002 (c. 29)
I132
1
Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.
2
In subsection (4), for “(7)” substitute “
(8)
”
.
3
For subsection (7) substitute—
7
If the condition in section 40 which was satisfied was that an investigation was started—
a
the court must discharge the order if within a reasonable time proceedings for the offence are not started;
b
otherwise, the court must discharge the order on the conclusion of the proceedings.
8
If the condition in section 40 which was satisfied was that an application was to be made—
a
the court must discharge the order if within a reasonable time the application is not made;
b
otherwise, the court must discharge the order on the conclusion of the application.