Search Legislation

Policing and Crime Act 2009

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Policing and Crime Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Policing and Crime Act 2009

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Part 6 E+W+S+N.I.Proceeds of crime: confiscation

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))E+W+S+N.I.

45(1)Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Article 9) is amended as follows.E+W+S+N.I.

(2)In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c) insert—

(ca)proceedings which relate to a direction under section 215D;.

(3)In paragraph 3 (proceedings in a court of summary jurisdiction)—

(a)in sub-paragraph (j) after “sections” insert “ 195M, ”, and

(b)after that sub-paragraph insert—

(ja)proceedings for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002;

(jb)proceedings which relate to a direction under section 215D of the Proceeds of Crime Act 2002;.

Bankruptcy (Scotland) Act 1985 (c. 66)E+W+S+N.I.

46The Bankruptcy (Scotland) Act 1985 is amended as follows.E+W+S+N.I.

47In section 7(1) (meaning of apparent insolvency)—E+W+S+N.I.

(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—

“ “relevant detention power” means section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P of the Proceeds of Crime Act 2002;”.

48(1)Section 31A (property subject to restraint order) is amended as follows.E+W+S+N.I.

(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.

49After section 31A insert—E+W+S+N.I.

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.

50In 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) ”.E+W+S+N.I.

51After section 31B insert—E+W+S+N.I.

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.E+W+S+N.I.

(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).

Insolvency Act 1986 (c. 45)E+W+S+N.I.

53The Insolvency Act 1986 is amended as follows.E+W+S+N.I.

54(1)Section 306A (property subject to restraint order) is amended as follows.E+W+S+N.I.

(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 bankrupt's estate.

55After section 306A insert—E+W+S+N.I.

306AAProperty released from detention

(1)This section applies where—

(a)property is excluded from the bankrupt's estate by virtue of section 417(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 bankrupt's estate.

56In section 306B(1)(a) (property in respect of which receivership or administration order is made) for “section 417(2)(b), (c) or (d)” substitute “ section 417(2)(c) ”.E+W+S+N.I.

57After section 306B insert—E+W+S+N.I.

306BAProperty in respect of which realisation order made

(1)This section applies where—

(a)property is excluded from the bankrupt's estate by virtue of section 417(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 bankrupt's estate.

58(1)Section 306C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.E+W+S+N.I.

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

(3)For subsection (2) substitute—

(2)Any such property vests in the trustee as part of the bankrupt'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).

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))E+W+S+N.I.

59The Insolvency (Northern Ireland) Order 1989 is amended as follows.E+W+S+N.I.

60(1)Article 279A (property subject to restraint order) is amended as follows.E+W+S+N.I.

(2)In paragraph (1)—

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

(b)after sub-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 paragraph (2) substitute—

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

61After Article 279A insert—E+W+S+N.I.

279AAProperty released from detention

(1)This Article applies where—

(a)property is excluded from the bankrupt's estate by virtue of section 423(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 bankrupt's estate.

62In Article 279B(1)(a) (property in respect of which receivership or administration order is made) for “section 423(2)(b), (c) or (d)” substitute “ section 423(2)(c) ”.E+W+S+N.I.

63After Article 279B insert—E+W+S+N.I.

279BAProperty in respect of which realisation order made

(1)This Article applies where—

(a)property is excluded from the bankrupt's estate by virtue of section 423(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 bankrupt's estate.

64(1)Article 279C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.E+W+S+N.I.

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

(3)For paragraph (2) substitute—

(2)Any such property vests in the trustee as part of the bankrupt'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).

Access to Justice Act 1999 (c. 22)E+W+S+N.I.

65(1)Schedule 2 to the Access to Justice Act 1999 (community legal service: excluded services) is amended as follows.E+W+S+N.I.

(2)In paragraph 2(3) (magistrates' court proceedings in which advocacy may be funded as part of the Community Legal Service)—

(a)in paragraph (l) after “section” insert “ 47M, ”, and

(b)after that paragraph (but before the following “and”) insert—

(m)for the discharge or variation of an order under section 47M of the Proceeds of Crime Act 2002,

(n)which relate to a direction under section 67D of the Proceeds of Crime Act 2002,.

(3)In paragraph 3(1) (certain Crown Court proceedings in which advocacy may be funded as part of the Community Legal Service)—

(a)after paragraph (a) insert—

(aa)proceedings which relate to an order under section 47M authorising the detention of property;, and

(b)after paragraph (d) insert—

(da)proceedings which relate to an order under section 67A authorising an appropriate officer to realise property;

(db)proceedings which relate to a direction under section 67D;.

Proceeds of Crime Act 2002 (c. 29)E+W+S+N.I.

66The Proceeds of Crime Act 2002 is amended as follows.E+W+S+N.I.

67In section 69(1) (exercise of powers of court and receiver) for “67” substitute “ 67D ”.E+W+S+N.I.

68In section 85 (proceedings: England and Wales) for subsection (7) substitute—E+W+S+N.I.

(7)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).

69In section 87(2) (definition of confiscation order subject to appeal: England and Wales) omit the words from “; and for” to the end.E+W+S+N.I.

70After section 87 insert—E+W+S+N.I.

87ANo further possibility of appeal

(1)The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of—

(a)an appeal against a decision of a court, or

(b)an appeal on which an order of a court could be varied or quashed.

(2)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

71In section 132(1) (exercise of powers of court and administrator) for “131” substitute “ 131D ”.E+W+S+N.I.

72In section 153(2) (definition of confiscation order subject to appeal: Scotland) omit the words from “; and for” to the end.E+W+S+N.I.

73After section 153 insert—E+W+S+N.I.

153ANo further possibility of appeal

(1)The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of—

(a)an appeal against (or review of) a decision of a court, or

(b)an appeal on which an order of a court could be varied or quashed.

(2)Any power—

(a)to allow an appeal (or review) out of time, or

(b)to extend the time for applying for leave to appeal,

must be ignored.

74In section 217(1) (exercise of powers of court and receiver) for “215” substitute “ 215D ”.E+W+S+N.I.

75In section 233 (proceedings: Northern Ireland) for subsection (7) substitute—E+W+S+N.I.

(7)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).

76In section 235(2) (definition of confiscation order subject to appeal: Northern Ireland) omit the words from “; and for” to the end.E+W+S+N.I.

77After section 235 insert—E+W+S+N.I.

235ANo further possibility of appeal

(1)The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of—

(a)an appeal against a decision of a court, or

(b)an appeal on which an order of a court could be varied or quashed.

(2)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

78In section 308 (recoverable property: exceptions) after subsection (8) insert—E+W+S+N.I.

(8A)Property is not recoverable while it is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P.

79In section 417 (property excluded from estate of person adjudged bankrupt in England and Wales) for subsection (2) substitute—E+W+S+N.I.

(2)The following property is excluded from the person's estate for the purposes of Part 9 of the 1986 Act—

(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt;

(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;

(c)property in respect of which an order under section 50, 128(3) or 198 is in force;

(d)property in respect of which an order under section 67A, 131A or 215A is in force.

80(1)Section 418 (restriction of powers where person adjudged bankrupt in England and Wales) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,

(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and

(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.

(3)In subsection (3) after paragraph (e) insert—

(f)in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).

81(1)Section 419 (tainted gifts by person adjudged bankrupt in England and Wales) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)after paragraph (a) insert—

(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,, and

(b)after paragraph (b) insert , or

(c)there is in force in respect of such property an order under section 67A, 131A or 215A.

(3)In subsection (3) for “subsection (2)(a) or (b)” substitute “ subsection (2)(a), (b) or (c) ”.

82In section 420 (property excluded from the debtor‘s estate where sequestration in Scotland) for subsection (2) substitute—E+W+S+N.I.

(2)The following property is excluded from the debtor's estate for the purposes of the 1985 Act—

(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the award of sequestration;

(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;

(c)property in respect of which an order under section 50, 128(3) or 198 is in force;

(d)property in respect of which an order under section 67A, 131A or 215A is in force.

83(1)Section 421 (restriction of powers where award of sequestration) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,

(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and

(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.

(3)In subsection (3) after paragraph (e) insert—

(f)in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).

84(1)Section 422 (tainted gifts by person whose estate is sequestrated in Scotland) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)after paragraph (a) insert—

(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,, and

(b)after paragraph (b) insert , or

(c)there is in force in respect of such property an order under section 67A, 131A or 215A.

(3)In subsection (3) for “subsection (2)(a) or (b)” substitute “ subsection (2)(a), (b) or (c) ”.

85In section 423 (property excluded from estate of person adjudged bankrupt in Northern Ireland) for subsection (2) substitute—E+W+S+N.I.

(2)The following property is excluded from the person's estate for the purposes of Part 9 of the 1989 Order—

(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt;

(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;

(c)property in respect of which an order under section 50, 128(3) or 198 is in force;

(d)property in respect of which an order under section 67A, 131A or 215A is in force.

86(1)Section 424 (restriction of powers where person adjudged bankrupt in Northern Ireland) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,

(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and

(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.

(3)In subsection (3) after paragraph (e) insert—

(f)in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).

87(1)Section 425 (tainted gifts by person who is adjudged bankrupt in Northern Ireland) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)after paragraph (a) insert—

(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,, and

(b)after paragraph (b) insert , or

(c)there is in force in respect of such property an order under section 67A, 131A or 215A.

(3)In subsection (3) for “subsection (2)(a) or (b)” substitute “ subsection (2)(a), (b) or (c) ”.

88(1)Section 426 (winding up under the Insolvency Act 1986) is amended as follows.E+W+S+N.I.

(2)For subsection (2) substitute—

(2)If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property—

(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;

(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;

(c)property in respect of which an order under section 50, 128(3) or 198 is in force;

(d)property in respect of which an order under section 67A, 131A or 215A is in force.

(3)In subsection (5)—

(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,

(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and

(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.

89(1)Section 427 (tainted gifts by company: winding up in England and Wales or Scotland) is amended as follows.E+W+S+N.I.

(2)In subsection (3)—

(a)after paragraph (a) insert—

(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,, and

(b)after paragraph (b) insert , or

(c)there is in force in respect of such property an order under section 67A, 131A or 215A.

(3)In subsection (4) for “subsection (3)(a) or (b)” substitute “ subsection (3)(a), (b) or (c) ”.

90(1)Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) is amended as follows.E+W+S+N.I.

(2)For subsection (2) substitute—

(2)If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property—

(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;

(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;

(c)property in respect of which an order under section 50, 128(3) or 198 is in force;

(d)property in respect of which an order under section 67A, 131A or 215A is in force.

(3)In subsection (5)—

(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,

(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and

(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.

91(1)Section 429 (tainted gifts by company: winding up in Northern Ireland) is amended as follows.E+W+S+N.I.

(2)In subsection (3)—

(a)after paragraph (a) insert—

(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,, and

(b)after paragraph (b) insert , or

(c)there is in force in respect of such property an order under section 67A, 131A or 215A.

(3)In subsection (4) for “subsection (3)(a) or (b)” substitute “ subsection (3)(a), (b) or (c) ”.

92(1)Section 430 (restriction of powers where company holds property subject to floating charge) is amended as follows.E+W+S+N.I.

(2)For subsection (2) substitute—

(2)If a company holds property which is subject to a floating charge, and a receiver has been appointed by or on the application of the holder of the charge, the functions of the receiver are not exercisable in relation to the following property—

(a)property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time;

(b)property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P;

(c)property in respect of which an order under section 50, 128(3) or 198 is in force;

(d)property in respect of which an order under section 67A, 131A or 215A is in force.

(3)In subsection (5)—

(a)in paragraph (a) for “67” substitute “ 67B, the powers conferred on an appropriate officer by section 47C ”,

(b)in paragraph (b) after “Schedule 3” insert “ , the powers conferred on an appropriate officer by section 127C ”, and

(c)in paragraph (c) for “215” substitute “ 215B, the powers conferred on an appropriate officer by section 195C ”.

93(1)Section 432 (insolvency practitioners) is amended as follows.E+W+S+N.I.

(2)After subsection (6) insert—

(6A)Subsection (7) also applies if—

(a)property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

(b)a person acting as an insolvency practitioner incurs expenses which are not ones in respect of the detained property, and

(c)the expenses are ones which (but for the effect of the detention of the property) might have been met by taking possession of and realising the property.

(3)For subsection (7) substitute—

(7)Whether or not the insolvency practitioner has seized or disposed of any property, the insolvency practitioner is entitled to payment of the expenses under—

(a)section 54(2), 55(3) or 67D(2) if the restraint order was made under section 41 or (as the case may be) the property was detained under or by virtue of section 44A, 47J, 47K, 47M or 47P,

(b)section 130(3), 131(3) or 131D(2) if the restraint order was made under section 120 or (as the case may be) the property was detained under or by virtue of section 122A, 127J, 127K, 127M or 127P, and

(c)section 202(2), 203(3) or 215D(2) if the restraint order was made under section 190 or (as the case may be) the property was detained under or by virtue of section 193A, 195J, 195K, 195M or 195P.

94In section 453A(5) (offences in relation to financial investigators) for paragraph (a) substitute—E+W+S+N.I.

(a)sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);.

95(1)Section 459 (orders and regulations) is amended as follows.E+W+S+N.I.

(2)In subsection (4)(a) (orders not subject to negative procedure: Secretary of State etc.)—

(a)after “section” insert “ 41A(5), 47S(4), ”, and

(b)after “75(7) or (8),” insert “ 190A(5), 195S(4), ”.

(3)In subsection (6)(a) (orders subject to affirmative procedure: Secretary of State etc.)—

(a)after “section” insert “ 41A(5), 47S(4), ”, and

(b)after “75(7) or (8),” insert “ 190A(5), 195S(4), ”.

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))E+W+S+N.I.

96(1)Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) is amended as follows.E+W+S+N.I.

(2)In paragraph 2(d) (proceedings in a court of summary jurisdiction in which representation may be funded)—

(a)in paragraph (xii) after “section” insert “ 195M, ”, and

(b)after paragraph (xiii) insert—

(xiv)for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or

(xv)which relate to a direction under section 215D of the Proceeds of Crime Act 2002,.

(3)In paragraph 3 (certain Crown Court proceedings in which representation may be funded) after paragraph (c) insert—

(ca)proceedings which relate to a direction under section 215D;.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

The Whole Act without 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?

You have chosen to open Schedules only

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources