Serious Crime Act 2015

Proceeds of Crime Act 2002 (c. 29)

51 (1) Section 191 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 189 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 189 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.”