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Serious Crime Act 2007

Status:

This is the original version (as it was originally enacted).

Part 1Abolition of confiscation functions

1The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

2In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.

3In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

4In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

5(1)Section 16 (statement of information) is amended as follows.

(2)In subsection (1) omit “or the Director (as the case may be)”.

(3)In subsection (3) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(4)In subsection (4) omit “or Director”.

(5)In subsection (5) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(6)In subsection (6) omit “or the Director”.

6In section 17(1) (defendant’s response to statement of information) omit “or the Director”.

7In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

8In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.

9(1)Section 20 (no order made: reconsideration of benefit) is amended as follows.

(2)Omit subsection (3).

(3)In subsection (4)—

(a)omit the words from “If the court” to “to do so,”; and

(b)in paragraph (b) omit “or the Director”.

10In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

11In section 22(2) (order made: reconsideration of available amount)—

(a)omit paragraph (b); and

(b)in paragraph (c) omit “or 52”.

12In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.

13(1)Section 26 (information) is amended as follows.

(2)In subsection (1)(b) omit “or the Director”.

(3)In subsection (2)—

(a)in paragraph (a) omit “or the Director (as the case may be)”; and

(b)in paragraph (b) omit “or the Director”.

14(1)Section 27 (defendant convicted or committed) is amended as follows.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

(4)In subsection (7) omit “or the Director”.

15(1)Section 28 (defendant neither convicted nor acquitted) is amended as follows.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

16(1)Section 31 (appeal by prosecutor or Director) is amended as follows.

(2)In the heading omit “or Director”.

(3)In subsection (1) omit “or the Director”.

(4)In subsection (2) omit “or the Director”.

17In section 33(2) (appeal to the House of Lords)—

(a)in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and

(b)omit paragraph (b).

18Omit section 34 (Director as enforcement authority).

19(1)Section 35 (Director not appointed as enforcement authority) is amended as follows.

(2)For the heading substitute “Enforcement as fines”.

(3)In subsection (1) omit paragraph (b) and the word “and” before it.

20Omit sections 36 and 37 (Director appointed as enforcement authority and Director’s application for enforcement).

21(1)Section 39 (reconsideration etc: variation of prison term) is amended as follows.

(2)In subsection (5) for “appropriate person” substitute “prosecutor”.

(3)Omit subsection (6).

22(1)Section 40 (conditions for exercise of powers) is amended as follows.

(2)In subsection (4)(a) omit “or the Director”.

(3)In subsection (5)(a) omit “or the Director”.

(4)In subsection (6)(a) omit “or the Director”.

(5)In subsection (8)(b) omit “or the Director (as the case may be)”.

23In section 42(2) (application, discharge and variation) omit paragraph (b).

24Omit sections 52 and 53 (Director’s receivers).

25Omit sections 56 and 57 (Director’s receivers and sums received by Director).

26In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “or 50”.

27Omit section 60 (Director’s receivers).

28In section 61 (protection) for “, 50 or 52” substitute “or 50”.

29In section 62(1) (further applications) for “, 50 or 52” substitute “or 50”.

30In section 63(1) (discharge and variation)—

(a)for “to 53” substitute “to 51”; and

(b)in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

31(1)Section 64 (management receivers: discharge) is amended as follows.

(2)In subsection (1)(b) omit the words from “or” to “section 52”.

(3)Omit subsection (3).

32(1)Section 65 (appeal to Court of Appeal) is amended as follows.

(2)In subsection (1) omit “or section 53”.

(3)In subsection (2) omit “or section 53”.

(4)In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

33In section 67(4) (seized money) omit paragraph (c).

34In section 69(1) (powers of court and receiver)—

(a)in paragraph (a) for “60” substitute “59”; and

(b)in paragraph (b) for “, 50 or 52” substitute “or 50”.

35In section 74(1) (enforcement abroad)—

(a)in paragraph (b) omit “or the Director”; and

(b)in paragraph (c) omit “or the Director (as the case may be)”.

36In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.

37In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

38In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

39(1)Section 166 (statement of information) is amended as follows.

(2)In subsection (1) omit “or the Director (as the case may be)”.

(3)In subsection (3) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(4)In subsection (4) omit “or Director”.

(5)In subsection (5) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(6)In subsection (6) omit “or the Director”.

40In section 167(1) (defendant’s response to statement of information) omit “or the Director”.

41In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

42In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.

43(1)Section 170 (no order made: reconsideration of benefit) is amended as follows.

(2)Omit subsection (3).

(3)In subsection (4)—

(a)omit the words from “If the court” to “to do so,”; and

(b)in paragraph (b) omit “or the Director”.

44In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

45In section 172(2) (order made: reconsideration of available amount)—

(a)omit paragraph (b); and

(b)in paragraph (c) omit “or 200”.

46In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.

47(1)Section 176 (information) is amended as follows.

(2)In subsection (1)(b) omit “or the Director”.

(3)In subsection (2)—

(a)in paragraph (a) omit “or the Director (as the case may be)”; and

(b)in paragraph (b) omit “or the Director”.

48(1)Section 177 (defendant convicted or committed) is amended as follows.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

(4)In subsection (7) omit “or the Director”.

49(1)Section 178 (defendant neither convicted nor acquitted) is amended as follows.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

50(1)Section 181 (appeal by prosecutor or Director) is amended as follows.

(2)In the heading omit “or Director”.

(3)In subsection (1) omit “or the Director”.

(4)In subsection (2) omit “or the Director”.

51In section 183(2) (appeal to the House of Lords)—

(a)in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and

(b)omit paragraph (b).

52Omit section 184 (Director as enforcement authority).

53Omit section 186 (Director’s application for enforcement).

54(1)Section 188 (reconsideration etc: variation of prison term) is amended as follows.

(2)In subsection (5) for “appropriate person” substitute “prosecutor”.

(3)Omit subsection (6).

55(1)Section 189 (conditions for exercise of powers) is amended as follows.

(2)In subsection (4)(a) omit “or the Director”.

(3)In subsection (5)(a) omit “or the Director”.

(4)In subsection (6)(a) omit “or the Director”.

(5)In subsection (8)(b) omit “or the Director (as the case may be)”.

56In section 191(2) (application, discharge and variation) omit paragraph (b).

57Omit sections 200 and 201 (Director’s receivers).

58Omit sections 204 and 205 (Director’s receivers and sums received by Director).

59In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “or 198”.

60Omit section 208 (Director’s receivers).

61In section 209 (protection) for “, 198 or 200” substitute “or 198”.

62(1)Section 210 (further applications) is amended as follows.

(2)In subsection (1) for “, 198 or 200” substitute “or 198”.

(3)In subsection (2)(b) omit “or 200”.

(4)In subsection (3) omit “or 200”.

63In section 211(1) (discharge and variation)—

(a)for “any of sections 198 to 201” substitute “section 198 or 199”; and

(b)in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

64(1)Section 212 (management receivers: discharge) is amended as follows.

(2)In subsection (1)(b) omit the words from “or” to “section 200”.

(3)Omit subsection (3).

65(1)Section 213 (appeal to Court of Appeal) is amended as follows.

(2)In subsection (1) omit “or section 201”.

(3)In subsection (2) omit “or section 201”.

(4)In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

66In section 215(4) (seized money) omit paragraph (d).

67In section 217(1) (powers of court and receiver)—

(a)in paragraph (a) for “208” substitute “207”; and

(b)in paragraph (b) for “, 198 or 200” substitute “or 198”.

68In section 222(1) (enforcement abroad)—

(a)in paragraph (b) omit “or the Director”; and

(b)in paragraph (c) omit “or the Director (as the case may be)”.

69In section 417(2) (insolvency etc: modifications of the 1986 Act)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

70(1)Section 418 (restriction of powers) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

(3)In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.

71In section 419(2)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “or 198”.

72In section 420(2) (modifications of the 1985 Act)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

73(1)Section 421 (restriction of powers) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

(3)In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.

74In section 422(2)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “or 198”.

75In section 423(2) (modifications of the 1989 Order)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

76(1)Section 424 (restriction of powers) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

(3)In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.

77In section 425(2)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “or 198”.

78(1)Section 426 (winding up under the 1986 Act) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

(3)In subsection (5)—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

79In section 427(3)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “or 198”.

80(1)Section 428 (winding up under the 1989 Order) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

(3)In subsection (5)—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

81In section 429(3)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “or 198”.

82(1)Section 430 (floating charges) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

(3)In subsection (5)—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

83In section 432(7) (insolvency practitioners)—

(a)in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “or 55(3)”; and

(b)in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “or 203(3)”.

84In Schedule 10 (tax), in paragraph 1—

(a)in paragraph (a) for “, 50 or 52” substitute “or 50”; and

(b)in paragraph (c) for “, 198 or 200” substitute “or 198”.

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