Office of Public Sector Information
Section 456
1 The amendments specified in this Schedule shall have effect.
2 (1) The Parliamentary Commissioner Act 1967 is amended as follows.
(2) In Schedule 2 (Departments etc. subject to investigation) at the appropriate place insert—
“Director of the Assets Recovery Agency.”
(3) In the Notes to that Schedule before paragraph 1 insert—
“A1 In the case of the Director of the Assets Recovery Agency an investigation under this Act may be conducted only in respect of the exercise of functions vested in him by virtue of a notice served on the Commissioners of Inland Revenue under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (Inland Revenue functions).”
3 (1) The Police (Scotland) Act 1967 is amended as follows.
(2) In section 38(3B)(liability of Scottish Ministers for constables on central service) after “central service” insert “or on temporary service as mentioned in section 38A(1)(aa) of this Act”.
(3) In section 38A(1) (meaning of “relevant service”) after paragraph (a) insert—
“(aa) temporary service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002, on which a person is engaged with the consent of the appropriate authority;”.
4 (1) The Criminal Appeal Act 1968 is amended as follows.
(2) In section 33 (appeal to House of Lords) after subsection (1) insert—
“(1A) In subsection (1) above the reference to the prosecutor includes a reference to the Director of the Assets Recovery Agency in a case where (and to the extent that) he is a party to the appeal to the Court of Appeal.”
(3) In section 50(1) (meaning of sentence) after paragraph (c) insert—
“(ca) a confiscation order under Part 2 of the Proceeds of Crime Act 2002;
(cb) an order which varies a confiscation order made under Part 2 of the Proceeds of Crime Act 2002 if the varying order is made under section 21, 22 or 29 of that Act (but not otherwise);”.
5 (1) Section 27 of the Misuse of Drugs Act 1971 (forfeiture) is amended as follows.
(2) In subsection (1) for “a drug trafficking offence, as defined in section 1(3) of the Drug Trafficking Act 1994” substitute “an offence falling within subsection (3) below”.
(3) After subsection (3) insert—
“(4) An offence falls within this subsection if it is an offence which is specified in—
(a) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule.”
6 In section 28L of the Immigration Act 1971, in paragraph (c) for the words “33 of the Criminal Law (Consolidation) (Scotland) Act 1995” substitute “412 of the Proceeds of Crime Act 2002”.
7 In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) after subsection (2A) insert—
“(2B) In subsection (2)(a) above the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order made under Part 2 or 3 of the Proceeds of Crime Act 2002.”
8 In Article 3 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitated persons and spent convictions) after paragraph (2) insert—
“(2A) In paragraph (2)(a) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order made under Part 4 of the Proceeds of Crime Act 2002.”
9 (1) The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.
(2) In section 30(3) (meaning of sentence) omit “and” after paragraph (b) and after paragraph (c) insert—
“(d) a confiscation order under Part 4 of the Proceeds of Crime Act 2002;
(e) an order which varies a confiscation order made under Part 4 of the Proceeds of Crime Act 2002 if the varying order is made under section 171, 172 or 179 of that Act (but not otherwise).”
(3) In section 31 (appeal to House of Lords) after subsection (1) insert—
“(1A) In subsection (1) above the reference to the prosecutor includes a reference to the Director of the Assets Recovery Agency in a case where (and to the extent that) he is a party to the appeal to the Court of Appeal.”
10 (1) Part I of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of the Order) is amended as follows.
(2) After paragraph 2 insert—
“2A (1) The following proceedings in the Crown Court under the Proceeds of Crime Act 2002—
(a) proceedings which relate to a direction under section 202(3) or 204(3) as to the distribution of funds in the hands of a receiver;
(b) applications under section 210 relating to action taken or proposed to be taken by a receiver;
(c) applications under section 211 to vary or discharge an order under any of sections 196 to 201 for the appointment of or conferring powers on a receiver;
(d) applications under section 220 or 221 for the payment of compensation;
(e) applications under sections 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.
(2) But sub-paragraph (1) does not apply in relation to a defendant (within the meaning of Part 4 of that Act) in the following proceedings—
(a) proceedings mentioned in head (b) of that sub-paragraph;
(b) an application under section 221 for the payment of compensation if the confiscation order was varied under section 179.”
(3) In paragraph 3 (courts of summary jurisdiction), after sub-paragraph (i) insert—
“(j) proceedings under sections 295, 297, 298, 301 and 302 of the Proceeds of Crime Act 2002”.
(4) The amendments made by this paragraph are without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provisions inserted by this paragraph.
11 In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) in subsection (3) (exceptions) insert after paragraph (c)—
“(d) an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).”
12 (1) The Civic Government (Scotland) Act 1982 is amended as follows.
(2) In section 86A(3) (application of Part VIIA) for “sections 21(2) and 28(1) of the Proceeds of Crime (Scotland) Act 1995” substitute “section 21(2) of the Proceeds of Crime (Scotland) Act 1995 and Part 3 of the Proceeds of Crime Act 2002”.
(3) In paragraph 8 of Schedule 2A (interpretation) for the definition of “restraint order” substitute—
““restraint order” means a restraint order made under Part 3 of the Proceeds of Crime Act 2002”.
13 In Part 2 of Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early release provisions) after the entry relating to the Drug Trafficking Act 1994 insert—
Section 327 (concealing criminal property etc).
Section 328 (arrangements relating to criminal property).
Section 329 (acquisition, use and possession of criminal property).”
14 (1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 56 (right to have someone informed when arrested) for subsection (5A) substitute—
“(5A) An officer may also authorise delay where he has reasonable grounds for believing that—
(a) the person detained for the serious arrestable offence has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
(5B) For the purposes of subsection (5A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.”
(3) In section 58 (access to legal advice) for subsection (8A) substitute—
“(8A) An officer may also authorise delay where he has reasonable grounds for believing that—
(a) the person detained for the serious arrestable offence has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1) above.
(8B) For the purposes of subsection (8A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.”
(4) In section 116 (meaning of serious arrestable offence) in subsection (2) for paragraph (c) and the word “and” immediately preceding it substitute—
“(c) any offence which is specified in paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences),
(d) any offence under section 327, 328 or 329 of that Act (certain money laundering offences).”
15 (1) The Bankruptcy (Scotland) Act 1985 is amended as follows.
(2) In section 5(4) (meaning of “qualified creditor”) for the words from “has the meaning” to “1995” substitute “means a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002”.
(3) In section 7(1) (meaning of “apparent insolvency”) for the words from “has the meaning assigned” where second occurring to “said Act of 1994” where second occurring substitute ““confiscation order” and “restraint order” mean a confiscation order or a restraint order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002”.
(4) After section 31 (vesting of estate at date of sequestration) insert—
(1) This section applies where—
(a) property is excluded from the debtor’s estate by virtue of section 420(2)(a) of the Proceeds of Crime Act 2002 (property subject to a restraint order),
(b) an order under section 50, 52, 128, 198 or 200 of that Act has not been made in respect of the property, and
(c) the restraint order is discharged.
(2) On the discharge of the restraint order the property vests in the permanent trustee as part of the debtor’s estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).
(1) This section applies where—
(a) property is excluded from the debtor’s estate by virtue of section 420(2)(b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which an order for the appointment of a receiver or administrator under certain provisions of that Act is in force), and
(b) a confiscation order is made under section 6, 92 or 156 of that Act,
(c) the amount payable under the confiscation order is fully paid, and
(d) any of the property remains in the hands of the receiver or administrator (as the case may be).
(2) The property vests in the permanent trustee as part of the debtor’s estate.
(1) This section applies where—
(a) property is excluded from the debtor’s estate by virtue of section 420(2)(a), (b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which a restraint order or an order for the appointment of a receiver or administrator under that Act is in force),
(b) a confiscation order is made under section 6, 92 or 156 of that Act, and
(c) the confiscation order is discharged under section 30, 114 or 180 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence.
(2) Any property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the permanent trustee as part of the debtor’s estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).”
(5) In section 55 (effect of discharge) after subsection (2) insert—
“(3) In subsection (2)(a) above the reference to a fine or other penalty due to the Crown includes a reference to a confiscation order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.”.
16 (1) The Insolvency Act 1986 is amended as follows.
(2) In section 281 (effect of discharge) after subsection (4) insert—
“(4A) In subsection (4) the reference to a fine includes a reference to a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.”
(3) After section 306 insert—
(1) This section applies where—
(a) property is excluded from the bankrupt’s estate by virtue of section 417(2)(a) of the Proceeds of Crime Act 2002 (property subject to a restraint order),
(b) an order under section 50, 52, 128, 198 or 200 of that Act has not been made in respect of the property, and
(c) the restraint order is discharged.
(2) On the discharge of the restraint order the property vests in the trustee as part of the bankrupt’s estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).
(1) This section applies where—
(a) property is excluded from the bankrupt’s estate by virtue of section 417(2)(b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which an order for the appointment of a receiver or administrator under certain provisions of that Act is in force),
(b) a confiscation order is made under section 6, 92 or 156 of that Act,
(c) the amount payable under the confiscation order is fully paid, and
(d) any of the property remains in the hands of the receiver or administrator (as the case may be).
(2) The property vests in the trustee as part of the bankrupt’s estate.
(1) This section applies where—
(a) property is excluded from the bankrupt’s estate by virtue of section 417(2)(a), (b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which a restraint order or an order for the appointment of a receiver or administrator under that Act is in force),
(b) a confiscation order is made under section 6, 92 or 156 of that Act, and
(c) the confiscation order is discharged under section 30, 114 or 180 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence.
(2) Any such property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the trustee as part of the bankrupt’s estate.
(3) But subsection (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).”
17 (1) The Criminal Justice Act 1988 is amended as follows.
(2) The following provisions shall cease to have effect—
(a) sections 71 to 102;
(b) Schedule 4.
(3) In section 151(4) (Customs and Excise power of arrest) omit “and” after paragraph (a), and after paragraph (b) insert—
“(c) a money laundering offence;”
(4) In section 151(5) for the words after “means” substitute “any offence which is specified in—
(a) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule.”
(5) In section 151 after subsection (5) insert—
“(6) In this section “money laundering offence” means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.”
(6) In section 152(4) (remands of suspected drugs offenders to customs detention) for the words after “means” substitute “any offence which is specified in—
(a) paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule.”
18 (1) The Extradition Act 1989 is amended as follows.
(2) In section 22 (extension of purposes of extradition for offences under Acts giving effect to international conventions) in subsection (4)(h)—
(a) for sub-paragraph (i) substitute—
“(i) any offence which is specified in—
(a) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule;
(ia) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;”;
(b) for sub-paragraph (ii) substitute—
“(ii) any offence which is specified in—
(a) paragraph 2 of Schedule 4 to the Proceeds of Crime Act 2002, or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule;
(iia) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;”;
(c) omit “and” after sub-paragraph (ii) and for sub-paragraph (iii) substitute—
“(iii) any offence which is specified in—
(a) paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule; and
(iv) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;”.
(3) In paragraph 15 of Schedule 1 (deemed extension of jurisdiction of foreign states)—
(a) for paragraph (j) substitute—
“(j) any offence which is specified in—
(i) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(ii) so far as it relates to that paragraph, paragraph 10 of that Schedule;
(ja) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;”;
(b) for paragraph (k) substitute—
“(k) any offence which is specified in—
(i) paragraph 2 of Schedule 4 to the Proceeds of Crime Act 2002, or
(ii) so far as it relates to that paragraph, paragraph 10 of that Schedule;
(ka) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;”;
(c) for paragraph (m) substitute—
“(m) any offence which is specified in—
(i) paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(ii) so far as it relates to that paragraph, paragraph 10 of that Schedule;
(ma) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;”.
19 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
(2) In Article 57 (right to have someone informed when arrested) for paragraph (5A) substitute—
“(5A) An officer may also authorise delay where he has reasonable grounds for believing that—
(a) the person detained for the serious arrestable offence has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
(5B) For the purposes of paragraph (5A) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.”
(3) In Article 59 (access to legal advice) for paragraph (8A) substitute—
“(8A) An officer may also authorise delay where he has reasonable grounds for believing that—
(a) the person detained for the serious arrestable offence has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by paragraph (1).
(8B) For the purposes of paragraph (8A) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.”
(4) In Article 87 (meaning of serious arrestable offence) in paragraph (2) for sub-paragraph (aa) substitute—
“(aa) any offence which is specified in paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences);
(ab) any offence under section 327, 328 or 329 of that Act (certain money laundering offences);”.
20 (1) The Insolvency (Northern Ireland) Order 1989 is amended as follows.
(2) In Article 255 (effect of discharge) after paragraph (4) insert—
“(4A) In paragraph (4) the reference to a fine includes a reference to a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.”
(3) After Article 279 insert—
(1) This Article applies where—
(a) property is excluded from the bankrupt’s estate by virtue of section 423(2)(a) of the Proceeds of Crime Act 2002 (property subject to a restraint order),
(b) an order under section 50, 52, 128, 198 or 200 of that Act has not been made in respect of the property, and
(c) the restraint order is discharged.
(2) On the discharge of the restraint order the property vests in the trustee as part of the bankrupt’s estate.
(3) But paragraph (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).
(1) This Article applies where—
(a) property is excluded from the bankrupt’s estate by virtue of section 423(2)(b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which an order for the appointment of a receiver or administrator under certain provisions of that Act is in force),
(b) a confiscation order is made under section 6, 92 or 156 of that Act,
(c) the amount payable under the confiscation order is fully paid, and
(d) any of the property remains in the hands of the receiver or administrator (as the case may be).
(2) The property vests in the trustee as part of the bankrupt’s estate.
(1) This Article applies where—
(a) property is excluded from the bankrupt’s estate by virtue of section 423(2)(a), (b), (c) or (d) of the Proceeds of Crime Act 2002 (property in respect of which a restraint order or an order for the appointment of a receiver or administrator under that Act is in force),
(b) a confiscation order is made under section 6, 92 or 156 of that Act, and
(c) the confiscation order is discharged under section 30, 114 or 180 of that Act (as the case may be) or quashed under that Act or in pursuance of any enactment relating to appeals against conviction or sentence.
(2) Any such property in the hands of a receiver appointed under Part 2 or 4 of that Act or an administrator appointed under Part 3 of that Act vests in the trustee as part of the bankrupt’s estate.
(3) But paragraph (2) does not apply to the proceeds of property realised by a management receiver under section 49(2)(d) or 197(2)(d) of that Act (realisation of property to meet receiver’s remuneration and expenses).”
Proceeds of Crime Act 2002