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The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) (Amendment) Regulations 2008

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Amendments to the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005

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2.—(1) The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 are amended as follows.

(2) In regulation 2(1) (Interpretation) after the definition of “notice” insert—

“relevant enforcement authority” means the enforcement authority(1) which is conducting the civil recovery proceedings concerned;.

(3) In regulation 5 (Condition relating to notification) for “Director” substitute “relevant enforcement authority”.

(4) In regulation 8 (Request for Director’s agreement to release of interim payment)—

(a)in the title of that regulation and in paragraph (1) for “Director’s” substitute “relevant enforcement authority’s”;

(b)in paragraph (1) for “the Director” substitute “that authority”.

(5) In regulation 9 (Director’s response to request)—

(a)in the title of that regulation for “Director’s” substitute “Relevant enforcement authority’s”;

(b)in paragraph (1) for “he” each time it occurs substitute “it”;

(c)in each of paragraphs (1), (2) and (3) for “Director” substitute “relevant enforcement authority”;

(d)in each of paragraphs (1) and (3) for “his” substitute “its”.

(6) In regulation 10(1) (Release of interim payment) for “Director” substitute “relevant enforcement authority”.

(7) In regulation 12 (Agreement of expenses by the Director)—

(a)in the title of that regulation and in paragraphs (2) and (3) for “Director” substitute “relevant enforcement authority”;

(b)in paragraph (1) for “Director’s” substitute “relevant enforcement authority’s”;

(c)in paragraph (2) for “his” substitute “its”;

(d)in paragraph (3)(a) for “he” substitute “it”.

(8) In regulation 13(1) (Expenses to be assessed if not agreed) for “Director” substitute “relevant enforcement authority”.

(1)

The definition of “enforcement authority” in section 316 of the Proceeds of Crime Act 2002 prospectively amended by paragraph 91 of Schedule 8 to the Serious Crime Act 2007 (c. 27).

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