New Clause 7 - Inadequacy of available amount:

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

Alert me about debates like this

(1) This section applies if—

(a) a court has made a confiscation order,

(b) the prosecutor applies to the court to discharge the order under this section, and

(c) the amount remaining to be paid under the order is less than £1,000.

(2) In such a case the court must calculate the available amount, and in doing so it must apply section (J804) as if references to the time the consfiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.

(3) If the court—

(a) finds that the available amount (as so calculated) is inadequate to meet the amounts remaining to be paid, and

(b) is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,

it may discharge the confiscation order.

(4) The specified reasons are—

(a) in a case where any of the realisable property is situated in Scotland and consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;

(b) any reason specified by the Scottish Ministers.

(5) The Scottish Ministers may by order vary the amount for the time being specified in subsection (1)(c).'—[Mr. Foulkes.]

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

Further consideration adjourned.—[Mrs. McGuire.]

Adjourned accordingly at four minutes to Five o'clock till Tuesday 11 December at half-past Ten o'clock.