Clause 40

Policing and Crime Bill – in a Public Bill Committee at 11:45 am on 24th February 2009.

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Power to sell seized personal property: Scotland

Amendments made: 273, in clause 40, page 53, line 33, leave out from ‘property’ to end of line 35.

Amendment 274, in clause 40, page 53, line 37, at end insert—

‘131AA Costs of storage and realisation

(1) This section applies if the sheriff makes an order under section 131A.

(2) The sheriff may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—

(a) storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;

(b) realising the property.

(3) If the sheriff makes a determination under this section the appropriate officer is entitled to payment of the amount under section 131(5A).

(4) A determination under this section may be made on the same occasion as the section 131A order or on any later occasion; and more than one determination may be made in relation to any case.

(5) In this section “appropriate officer” has the same meaning as in section 120A.’.

Amendment 275, in clause 40, page 53, line 38, leave out ‘Section 131A’ and insert ‘Sections 131A and 131AA’.

Amendment 276, in clause 40, page 53, line 43, at end insert—

‘“(3A) An appropriate officer may appeal to the Court of Session against—

(a) a determination made by a sheriff under section 131AA;

(b) a decision by a sheriff not to make a determination under that section.”’.

Amendment 277, in clause 40, page 54, line 2, leave out ‘30’ and insert ‘21’.

Amendment 278, in clause 40, page 54, leave out line 5 and insert—

‘(a) confirm, quash or vary the decision or (as the case may be) the order, or’.

Amendment 279, in clause 40, page 54, line 8, at end insert—

‘131C Proceeds of realisation

(1) This section applies to sums which—

(a) are in the hands of an appropriate officer, and

(b) are the proceeds of the realisation of property under section 131A.

(2) The sums must be applied as follows—

(a) first, they must be applied in making any payments directed by the sheriff;

(b) second, they must be paid to the appropriate clerk of court on account of the amount payable under the confiscation order.

(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer’s hands, the appropriate officer must distribute them—

(a) among such persons who held (or hold) interests in the property represented by the proceeds as the sheriff directs, and

(b) in such proportions as it directs.

(4) Before making a direction under subsection (3) the sheriff must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to the sheriff.

(5) In this section—

(a) “appropriate officer” has the same meaning as in section 120A;

(b) “appropriate clerk of court” means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1).”’.

Amendment 280, in clause 40, page 54, line 9, leave out subsection (3).

Amendment 281, in clause 40, page 54, line 10, at end insert—

‘(4) In section 131 (sums received by clerk of court)—

(a) in subsection (5) after “130” insert “or 131C”, and

(b) after subsection (5) insert—

“(5A) If the clerk of court received the sums from an appropriate officer under section 130 or 131C, the clerk of court must next apply them in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 131AA.”’.—(Mr. Coaker.)

Clause 40, as amended, ordered to stand part of the Bill.