New Clause 3 - Recall and variation of order

Proceeds of Crime Bill – in a Public Bill Committee at 4:45 pm on 6 December 2001.

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'(1) The prosecutor and any other person affected by an order made under section 127 or 129 may apply to the court to vary or recall the order.

(2) On an application under this section the court—

(a) may vary the order;

(b) may recall the order.

(3) But in the case of an order under section 127—

(a) if the condition in section 121 which was satisfied was that proceedings were started or an application was made, the court must recall the order on the conclusion of the proceedings or of the application (as the case may be);

(b) if the condition which was satisfied was that an investigation was started or an application was to be made, the court must recall the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).'.—[Mr. Foulkes.]

Brought up, read the First and Second time, and added to the Bill.