PART 1Proceeds of crime
CHAPTER 5Miscellaneous
Other miscellaneous provisions
32I1Reconsideration of discharged orders
I3I61
The Proceeds of Crime Act 2002 is amended as follows.
I42
In section 24 (inadequacy of available amount: discharge of order made under Part 2), after subsection (5) insert—
6
The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c).
7
Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.
I43
In section 25 (small amount outstanding: discharge of order made under Part 2), after subsection (3) insert—
4
The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c).
5
Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.
I24
In section 109 (inadequacy of available amount: discharge of order made under Part 3), after subsection (5) insert—
6
The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 106(1)(d) or 107(1)(c).
7
Where on such an application the court determines that the order should be varied under section 106(6) or (as the case may be) 107(3), the court may provide that its discharge under this section is revoked.
I55
In section 174 (inadequacy of available amount: discharge of order made under Part 4), after subsection (5) insert—
6
The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c).
7
Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.
I56
In section 175 (small amount outstanding: discharge of order made under Part 4), after subsection (3) insert—
4
The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c).
5
Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.
I3I77
The amendments made by this section apply in relation to a confiscation order whether made before or after the day on which this section comes into force but do so only where the discharge of the order occurs after that day.