Confiscation orders and civil recovery: minor amendments

Criminal Finances Bill – in a Public Bill Committee at 2:45 pm on 17th November 2016.

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Amendment made: 15, in clause 28, page 78, line 33, at end insert—

‘(2A) In section 148 (free property: Scotland), in subsection (3)(b) for “or 297D” substitute “, 297D or 298(4)”.” —

Clause 28(2) amends section 82 of the Proceeds of Crime Act 2002, which determines what constitutes “free property” in relation to confiscation proceedings in England and Wales, by providing that property detained under section 298(4) of the 2002 Act is not free property. This amendment provides for a corresponding change to be made to section 148, which applies in the case of confiscation proceedings in Scotland.

Clause 28, as amended, ordered to stand part of the Bill.

Clause 29