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Policing and Crime Act 2009

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Changes over time for: Cross Heading: Proceeds of Crime Act 2002 (c. 29)

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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):

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

99The Proceeds of Crime Act 2002 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 7 para. 99 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(ff)

100In section 7 (recoverable amount for the purpose of confiscation orders: England and Wales) in subsection (4) for the words from “any property” to the end substitute the following must be ignored— E+W+S+N.I.

(a)any property in respect of which a recovery order is in force under section 266,

(b)any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and

(c)any property in respect of which a forfeiture order is in force under section 298(2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

101(1)Section 82 (definition of “free property”) is amended as follows.E+W+S+N.I.

(2)At the beginning insert—

(1)Property is free unless it falls within subsection (2) or (3).

(3)The existing text becomes subsection (2).

(4)In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5)At the end insert—

(3)Property falls within this subsection if—

(a)it has been forfeited in pursuance of a forfeiture notice under section 297A;

(b)it is detained under section 297C or 297D.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

102In section 93 (recoverable amount for the purpose of confiscation orders: Scotland) in subsection (4) for the words from “any property” to the end substitute the following must be ignored— E+W+S+N.I.

(a)any property in respect of which a recovery order is in force under section 266,

(b)any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and

(c)any property in respect of which a forfeiture order is in force under section 298(2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

103(1)Section 148 (definition of “free property”) is amended as follows.E+W+S+N.I.

(2)At the beginning insert—

(1)Property is free unless it falls within subsection (2) or (3).

(3)The existing text becomes subsection (2).

(4)In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5)At the end insert—

(3)Property falls within this subsection if—

(a)it has been forfeited in pursuance of a forfeiture notice under section 297A;

(b)it is detained under section 297C or 297D.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

104In section 157 (recoverable amount for the purpose of confiscation orders: Northern Ireland) in subsection (4) for the words from “any property” to the end substitute the following must be ignored— E+W+S+N.I.

(a)any property in respect of which a recovery order is in force under section 266,

(b)any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and

(c)any property in respect of which a forfeiture order is in force under section 298(2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

105(1)Section 230 (definition of “free property”) is amended as follows.E+W+S+N.I.

(2)At the beginning insert—

(1)Property is free unless it falls within subsection (2) or (3).

(3)The existing text becomes subsection (2).

(4)In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5)At the end insert—

(3)Property falls within this subsection if—

(a)it has been forfeited in pursuance of a forfeiture notice under section 297A;

(b)it is detained under section 297C or 297D.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

106In section 278 (limit on recovery by recovery order) after subsection (6) insert—E+W+S+N.I.

(6A)If—

(a)recoverable property is forfeited in pursuance of a forfeiture notice under section 297A, and

(b)the enforcement authority subsequently seeks a recovery order in respect of related property,

the forfeiture notice is to be treated for the purposes of this section as if it were a recovery order obtained by the enforcement authority in respect of the forfeited property.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

107In section 300(1) (application of cash forfeited by court under section 298) for “this Chapter” substitute “ section 298 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

108(1)Section 301 (victims and other owners: application for release of cash) is amended as follows.E+W+S+N.I.

(2)In subsection (4)(c) for the words from “the conditions” to “that section” substitute “ the release condition is met ”.

(3)After subsection (4) insert—

(5)The release condition is met—

(a)in relation to cash detained under section 295, if the conditions in that section for the detention of the cash are no longer met,

(b)in relation to cash detained under section 297C or 297D, if the cash is not recoverable property and is not intended by a person for use in unlawful conduct, and

(c)in relation to cash detained under 298, if the court or sheriff decides not to make an order under that section in relation to the cash.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 7 para. 108 in force at 1.6.2015 for E.W.S. by S.I. 2015/983, arts. 2(2)(e), 3(ff)

109(1)Section 302 (compensation) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)If cash detained under this Chapter was seized in England, Wales or Northern Ireland the person to whom the cash belongs or from whom it was seized may make an application to a magistrates' court for compensation if—

(a)the cash is not forfeited in pursuance of a forfeiture notice, and

(b)no forfeiture order is made in respect of the cash.

(1A)If cash detained under this Chapter was seized in Scotland the person to whom the cash belongs or from whom it was seized may make an application to the sheriff for compensation if no forfeiture order is made in respect of the cash.

(3)After subsection (7B) insert—

(7C)If any cash is detained under this Chapter and part only of the cash is forfeited in pursuance of a forfeiture notice, this section has effect in relation to the other part.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 7 para. 109 in force at 1.6.2015 for specified purposes for E.W.S. by S.I. 2015/983, arts. 2(2)(e), 3(gg)

110In section 341(3A)(a) and (b) (definition of detained cash investigation) for “section 295” substitute “ that Chapter ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 7 para. 110 in force at 1.6.2015 for E.W.S. by S.I. 2015/983, arts. 2(2)(e), 3(hh)

111In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section” insert “ 297C or ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 7 para. 111 in force at 1.6.2015 by S.I. 2015/983, arts. 2(2)(e), 3(hh)

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