- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
85The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
86In section 246(7) (application for interim receiving order) for “Agency” substitute “enforcement authority”.
87After section 272(6) (compensation for loss in relation to associated and joint property) insert—
“(7)In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned.”
88(1)Section 280 (applying realised proceeds) is amended as follows.
(2)In subsection (3)—
(a)for “Director” substitute “enforcement authority (unless it is the Scottish Ministers)”; and
(b)for “him” substitute “it”.
(3)In subsection (4) for “Agency” substitute “enforcement authority concerned”.
89After section 283(9) (compensation) insert—
“(10)In the case of an enforcement authority in relation to England and Wales or Northern Ireland—
(a)the reference in subsection (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and
(b)the reference in subsection (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned.”
90Omit section 313 (restriction on performance of Director’s functions by police).
91(1)Section 316 (general interpretation: Part 5) is amended as follows.
(2)In subsection (1), in the definition of “enforcement authority”—
(a)for paragraph (a) substitute—
“(a)in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office,”; and
(b)after paragraph (b) insert—
“(c)in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,”.
(3)After subsection (8) insert—
“(8A)In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: