Proceeds of Crime Bill – in a Public Bill Committee at 10:30 am on 29 November 2001.
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.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
