Clause 52 - Appointment

Proceeds of Crime Bill – in a Public Bill Committee at 10:30 am on 29 November 2001.

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Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office) 10:30, 29 November 2001

I beg to move amendment No. 45, in page 33, line 28, leave out subsection (2) and insert—

`(2) But this section does not apply if—

(a) the confiscation order was made by the Court of Appeal, and

(b) when the Crown Court comes to proceed under this section the confiscation order has been satisfied.'

This technical amendment is related to Government amendment No. 38, which we have already discussed. As the Committee will be aware, clause 52 applies automatically when the director is appointed as enforcement authority. Therefore, when the Court of Appeal appoints the director as enforcement authority following an appeal by the prosecutor or director, there is no need for it to direct the Crown court to proceed under the clause. That was why we deleted clause 33(11). As the Court of Appeal does not need to direct the Crown court to proceed under the clause, subsection (2) is not appropriate. In short, amendment No. 45 amends the clause to remove the reference to the Court of Appeal directing the Crown court. However, the effect of subsection (2) will continue to be that if the confiscation order has already been satisfied the Crown court is not obliged to make an order for the appointment of a director's receiver.

Amendment agreed to.

Clause 52, as amended, ordered to stand part of the Bill.