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New Clause 12 - Civil recovery of the proceeds etc of unlawful conduct

Crime and Courts Bill [Lords] – in a Public Bill Committee at 10:30 am on 12th February 2013.

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‘(1) Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

(2) After section 282 insert—

“Scope of powers

282A Scope of powers

‘(1) An order under this Chapter may be made by the High Court or the Court of Session—

(a) in respect of property wherever situated, and

(b) in respect of a person wherever domiciled, resident or present,

subject to subsection (2).

(2) Such an order may not be made by the High Court or the Court of Session in respect of—

(a) property that is outside the United Kingdom, or

(b) property that is in the United Kingdom but outside the relevant part of the United Kingdom,

unless there is or has been a connection between the case and the relevant part of the United Kingdom.

(3) The circumstances in which there is or has been such a connection include those described in Schedule 7A.

(4) “The relevant part of the United Kingdom” means—

(a) in relation to an order made by the High Court in England and Wales, England and Wales,

(b) in relation to an order made by the High Court in Northern Ireland, Northern Ireland, and

(c) in relation to an order made by the Court of Session, Scotland.”

(3) After Schedule 7 insert—