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Proceeds of Crime Act 2002

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This is the original version (as it was originally enacted).

Access to Justice Act 1999 (c. 22)

This section has no associated Explanatory Notes

36(1)Schedule 2 to the Access to Justice Act 1999 (services excluded from the Community Legal Service) is amended as follows.

(2)In paragraph 2(2), after paragraph (d) insert or

(e)under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,

and omit the “or” at the end of paragraph (c).

(3)In paragraph 2(3) (magistrates courts), after “2001” insert—

(l)for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,

and omit the “or” at the end of paragraph (j).

(4)After paragraph 2 insert—

3(1)These are the proceedings under the Proceeds of Crime Act 2002—

(a)an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);

(b)proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;

(c)an application under section 62 relating to action taken or proposed to be taken by a receiver;

(d)an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;

(e)an application under section 72 or 73 for the payment of compensation;

(f)proceedings which relate to an order under section 298 for the forfeiture of cash;

(g)an application under section 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 authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—

(a)proceedings mentioned in paragraph (b);

(b)an application under section 73 for the payment of compensation if the confiscation order was varied under section 29.

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