Schedules

Schedule 7U.K.Minor and consequential amendments

Part 6U.K.Proceeds of crime: confiscation

Bankruptcy (Scotland) Act 1985 (c. 66)U.K.

46U.K.The Bankruptcy (Scotland) Act 1985 is amended as follows.

47U.K.In section 7(1) (meaning of apparent insolvency)—

(a)in paragraph (b) after “restraint order” insert “ , detained under or by virtue of a relevant detention power ”, and

(b)after the definition of “charging order” insert—

48(1)Section 31A (property subject to restraint order) is amended as follows.U.K.

(2)In subsection (1)—

(a)in paragraph (b) for “section 50, 128 or 198” substitute “ section 50, 67A, 128, 131A, 198 or 215A ”, and

(b)after paragraph (c) insert “, and

“(d)immediately after the discharge of the restraint order the property is not detained under or by virtue of section 44A, 47J, 122A, 127J, 193A or 195J of that Act.”

(3)For subsection (2) substitute—

“(2)The property vests in the trustee as part of the debtor‘s estate.”

49U.K.After section 31A insert—

“31AAProperty released from detention

(1)This section applies where—

(a)property is excluded from the debtor's estate by virtue of section 420(2)(b) of the Proceeds of Crime Act 2002 (property detained under certain provisions),

(b)no order is in force in respect of the property under section 41, 50, 120, 128, 190 or 198 of that Act, and

(c)the property is released.

(2)The property vests in the trustee as part of the debtor's estate.”

50U.K.In section 31B(1)(a) (property in respect of which receivership or administration order is made) for “section 420(2)(b), (c) or (d)” substitute “ section 420(2)(c) ”.

51U.K.After section 31B insert—

“31BAProperty in respect of which realisation order made

(1)This section applies where—

(a)property is excluded from the debtor's estate by virtue of section 420(2)(d) of the Proceeds of Crime Act 2002 (property in respect of which an order has been made authorising realisation of the property by an appropriate officer),

(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 appropriate officer.

(2)The property vests in the trustee as part of the debtor's estate.”

52(1)Section 31C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.U.K.

(2)In subsection (1)(a) for the words from “in respect” to “force” substitute “ excluded from debtor's estate ”.

(3)For subsection (2) substitute—

“(2)Any such property vests in the trustee as part of the debtor's estate if it is in the hands of—

(a)a receiver appointed under Part 2 or 4 of that Act,

(b)an administrator appointed under Part 3 of that Act,

(c)an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).”