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SCHEDULES

SCHEDULE 4Minor and consequential amendments

Proceeds of Crime Act 2002 (c. 29)

43(1)Section 121 of that Act (application, recall and variation) is amended as follows.

(2)In subsection (5), for “(9)” substitute “(10)”.

(3)For subsection (9) substitute—

(9)In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—

(a)the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;

(b)otherwise, the court must recall the order on the conclusion of the proceedings.

(10)In the case of a restraint order, if the condition in section 119 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 recall the order on the conclusion of the application.