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The Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018

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Statutory Instruments

2018 No. 80

Proceeds Of Crime

The Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018

Made

20th January 2018

Coming into force

31st January 2018

The Secretary of State makes these Regulations in exercise of the powers conferred by section 54(1) and (5) of the Criminal Finances Act 2017(1) (“the Act”).

The Secretary of State has, in accordance with section 55(1) of the Act—

(a)consulted the Scottish Ministers, and

(b)consulted the Department of Justice in Northern Ireland.

In accordance with section 55(4) of the Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Citation and commencement

1.  These Regulations may be cited as the Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018 and come into force on 31st January 2018.

Amendment to section 278 of the Proceeds of Crime Act 2002 (limit on recovery)

2.  In section 278 of the Proceeds of Crime Act 2002(2), in subsection (7)(a), after “303O” insert “, 303R”.

Ben Wallace

Minister of State

Home Office

20th January 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 54(1) of the Criminal Finances Act 2017 (c. 22)(“CFA”), and make a consequential amendment to section 278(7)(a) of the Proceeds of Crime Act 2002 (c. 29)(“POCA”).

Section 278(3) of POCA prevents a court from making a recovery order under section 266 of POCA, where the court considers that the enforcement authority’s right to recover the property has been satisfied by either a previous recovery order or a previous consent order. Section 278(7) ensures that a previous forfeiture order is to be treated as a previous recovery order in respect of the forfeited property for the purposes of section 278(3).

Section 278(7)(a) was amended by the CFA to include references to forfeiture orders made under the new powers to forfeit certain items of personal or moveable property, and to forfeit funds in bank accounts. These Regulations make a consequential amendment to that section so that a forfeiture order made under section 303R of POCA is captured. Section 303R is a power for the High Court to order the forfeiture of a listed item of personal or moveable property, if the matter is referred to the High Court by the Magistrates’ Court (or, in Scotland, to the Court of Session by the Sheriff’s court) under the procedure in Chapter 3A of Part 5 of POCA. Section 303R is inserted into POCA by section 15 of the CFA.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(2)

2002 c. 29. Section 278(7) was amended by paragraphs 17, 30(1) and (3) of Schedule 5 to the Criminal Finances Act 2017.

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