PART 1

Proceeds of crime
CHAPTER 1

England and Wales

Confiscation: other amendments

Confiscation and victim surcharge orders
6
1
Section 13 of the Proceeds of Crime Act 2002 (effect of order on court's other powers) is amended as follows.
2
In subsection (3), in paragraph (a), for the words from “an order under section 130” to the end substitute “ a priority order ”.
3
After subsection (3) insert—
3A
In this section “priority order” means any of the following—
a
a compensation order under section 130 of the Sentencing Act;
b
an order requiring payment of a surcharge under section 161A of the Criminal Justice Act 2003;
c
an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
4
For subsection (5) substitute—
5
Subsection (6) applies if—
a
the Crown Court makes both a confiscation order and one or more priority orders against the same person in the same proceedings, and
b
the court believes the person will not have sufficient means to satisfy all those orders in full.
5
In subsection (6), for “compensation or amount payable under the unlawful profit order (or both)” substitute “ amount payable under the priority order (or orders) ”.
S. 6 in force at 1.6.2015 by S.I. 2015/820, reg. 3(c)