Clause 254 - Supervision of interim receiver

Part of Proceeds of Crime Bill – in a Public Bill Committee at 12:15 pm on 18 December 2001.

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Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 12:15, 18 December 2001

I beg to move amendment No. 350, in page 148, line 43, leave out 'interested in' and insert 'affected by'.

The clause provides for the supervision of the interim receiver and variations of orders. Subsection (3) states:

''The court may at any time vary or set aside an interim receiving order.''

However, subsection (4) states:

''Before doing so, the court must (as well as giving the respondent and any other party to the proceedings an opportunity to be heard) give such an opportunity to the interim receiver and to any person who may be interested in the court's decision.''

The amendment would delete the words ''interested in'' and replace them with the words ''affected by''.

The amendment is probing. I want clarification from the Minister on what category of person would be considered interested in the decision. If the amendment were made, how would that change the situation? I want clarification on the category of individuals who could intervene in proceedings and ask to be heard.

The matter is important because it is essential that any person who is likely to be adversely affected should have the opportunity to be heard, which is why I prefer the term that I proposed in the amendment. However, if the Minister gives me reassurance, I will accept that the terms may be equivalent.