Power to sell seized personal property: Northern Ireland

Amendments made: 282, in clause 41, page 54, line 31, leave out from ‘property’ to end of line 33.

Amendment 283, in clause 41, page 54, line 36, leave out from ‘section 190A’ to end of line 38.

Amendment 284, in clause 41, page 54, line 38, at end insert—

‘215AA Costs of storage and realisation

(1) This section applies if a magistrates’ court makes an order under section 215A.

(2) The court 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 court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 203(4).

(4) A determination under this section may be made on the same occasion as the section 215A 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 190A.’.

Amendment 285, in clause 41, page 54, line 39, leave out ‘Section 215A’ and insert ‘Sections 215A and 215AA’.

Amendment 286, in clause 41, page 55, line 1, at end insert—

‘“(3A) An appropriate officer may appeal to a county court against—

(a) a determination made by a magistrates’ court under section 215AA;

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

Amendment 287, in clause 41, page 55, line 3, at end insert—

‘215C 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 215A.

(2) The sums must be applied as follows—

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

(b) second, they must be paid to the appropriate chief clerk 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 magistrates’ court directs, and

(b) in such proportions as it directs.

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

(5) In this section—

“appropriate officer” has the same meaning as in section 190A, and

“appropriate chief clerk” has the same meaning as in section 202(7).”’.

Amendment 288, in clause 41, page 55, line 6, leave out subsection (4).

Amendment 289, in clause 41, page 55, line 18, at end insert—

‘(5) In section 203(4) (payment of sums received by chief clerk under section 202)—

(a) after “section 202” insert “or 215C”,

(b) in paragraph (b) for “the receiver” substitute “any receiver”, and

(c) after paragraph (b) insert—

“(c) third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 215AA.”’.—(Mr. Coaker.)

Clause 41, as amended, ordered to stand part of the Bill.

Clause 42 ordered to stand part of the Bill.