Clause 111 - Inadequacy of available amount

Part of Proceeds of Crime Bill – in a Public Bill Committee at 11:15 am on 6 December 2001.

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Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department 11:15, 6 December 2001

The clause ensures that when the courts have made a confiscation order and it transpires that the available amount is insufficient to pay it, the accused or the prosecutor can apply to the court to have the order varied or discharged. It would be more appropriate to have separate clauses to deal with variation and discharge, as is provided in part 2 by clauses 24 and 25.

The clause is not drafted as clearly as it might be. The amendments would leave no doubt as to which provisions apply to the variation, and which to the discharge. Amendments Nos. 194 and 195 amend the clause so that it deals only with variation. Amendments Nos. 261 and 262 are drafting amendments. New clause 7 has a similar effect to clause 25, in part 2.