Economic Crime and Corporate Transparency Bill – in the House of Commons at 5:00 pm on 25 January 2023.
Amendments made: 59, page 201, line 39, leave out “sheriff” and insert “relevant court”.
This amendment and Amendments 60 and 61 amend inserted section 131ZB of the Proceeds of Crime Act 2002 (realisation of confiscated cryptoassets) to provide that (as well as the sheriff) the High Court of Justiciary and the Sheriff Appeal Court may make an order under that section requiring confiscated cryptoassets to be realised.
Amendment 60, page 202, line 11, leave out “sheriff of the sheriff’s” and insert “relevant court of its”.
See Amendment 59.
Amendment 61, page 202, line 19, at end insert—
“(7) In this section ‘relevant court’ means—
(a) the court which makes the confiscation order, or
(b) the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1).”
See Amendment 59.
Amendment 62, page 203, line 24, leave out “sheriff” and insert “relevant court”.
This amendment and Amendments 63, 64, 65 and 66 amend inserted section 131AA of the Proceeds of Crime Act 2002 (destruction of seized cryptoassets) to provide that (as well as the sheriff) the High Court of Justiciary and the Sheriff Appeal Court may make an order under that section requiring seized cryptoassets to be destroyed.
Amendment 63, page 203, line 41, leave out “sheriff of the sheriff’s” and insert “relevant court of its”.
See Amendment 62.
Amendment 64, page 203, line 43, leave out “sheriff’s” and insert “relevant court’s”.
See Amendment 62.
Amendment 65, page 204, line 3, leave out “sheriff” and insert “relevant court”.
See Amendment 62.
Amendment 66, page 204, line 12, at end insert—
“(8) In this section ‘relevant court’ means—
(a) the court which makes the confiscation order mentioned in subsection (2)(a), or
(b) the sheriff court responsible for enforcing that confiscation order under section 211 of the Procedure Act as applied by section 118(1).”
See Amendment 62.
Amendment 67, page 204, line 14, leave out “131ZB(3), 131A(3) or 131AA(2)” and insert “131A(3)”.
This amendment is consequential on Amendment 68.
Amendment 68, page 204, line 14, at end insert—
“(1A) After subsection (1) insert—
‘(2A) If the relevant court decides not to make an order under section 131ZB(3) or 131AA(2), the prosecutor may appeal to the Court of Session.’”
This amendment amends section 131C of the Proceeds of Crime Act 2002 (appeals under sections 131A and 131B) to make provision for prosecutors to appeal to the Court of Session against a decision of the relevant court not to make an order under section 131ZB or 131AA of that Act.
Amendment 69, page 204, line 15, leave out sub-paragraph (3) and insert—
“(3) For subsection (2) substitute—
‘(2) If—
(a) a sheriff makes an order under section 131A(3), or
(b) the relevant court makes an order under section 131ZB(3) or 131AA(2),
a person affected by the order may appeal to the Court of Session.’”
This amendment amends section 131C of the Proceeds of Crime Act 2002 (appeals under sections 131A and 131B) to make provision for a person affected by an order made under section 131A, 131ZB or 131AA of that Act to appeal to the Court of Session.
Amendment 70, page 204, line 17, at end insert—
“(4A) After subsection (7) insert—
‘(8) In this section “relevant court”—
(a) in relation to a decision or order made under section 131ZB, has the same meaning as in that section, and
(b) in relation to a decision or order made under section 131AA, has the same meaning as in that section.’”
This amendment is consequential on Amendments 68 and 69.
Amendment 71, page 204, line 32, leave out “the sheriff” and insert “a court”.—(Tom Tugendhat.)
This amendment is consequential on Amendment 62.