Serious Crime Act 2015 (c. 9)

PART 1 U.K. Proceeds of crime

CHAPTER 4 U.K. Disclosures, investigations, co-operation and enforcement

40 Confiscation orders by magistrates' courts E+W+N.I.

(1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) In section 97 (confiscation orders by magistrates' courts), after subsection (1) insert—

“(1ZA) But an order under subsection (1) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.

(1ZB) The Secretary of State may by order amend subsection (1ZA) so as to substitute a different amount.”

(3) In subsection (2) of that section omit “(1) or”.

(4) After that subsection insert—

“(2A) The Department of Justice may by order amend subsection (2) so as to substitute a different amount.”

(5) In section 172 (orders etc)—

(a) in subsection (5) (orders made by Secretary of State that are subject to affirmative resolution procedure), in paragraph (i), after “section 97(1)” insert “ or (1ZB) ”;

(b) in subsection (13) (orders made by Department of Justice in Northern Ireland that are subject to affirmative resolution procedure), in paragraph (d), after “section 97(1A)” insert “ or (2A) ”.

Commencement Information

I1 S. 40 in force at 1.6.2015 by S.I. 2015/820, reg. 3(m)