PART 1Proceeds of crime
CHAPTER 5Miscellaneous
Other miscellaneous provisions
34I1Confiscation orders and civil recovery: minor amendments
I31
The Proceeds of Crime Act 2002 is amended in accordance with subsections (2) to (10).
I42
In section 82 (free property: England and Wales)—
a
in subsection (2), after paragraph (e) insert—
ea
paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) or 10Z2(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;
b
in subsection (3)(b) for “or 297D” substitute “
, 297D or 298(4)
”
;
c
after subsection (3)(c) (as inserted by paragraph 22 of Schedule 5) insert—
d
it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule;
e
it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule;
f
it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.
I23
In section 148 (free property: Scotland)—
a
in subsection (2)—
i
omit “or” at the end of paragraph (e);
ii
after that paragraph insert—
ea
paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) or 10Z2(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, or
b
in subsection (3)(b) for “or 297D” substitute “
, 297D or 298(4)
”
;
c
after subsection (3)(c) (as inserted by paragraph 24 of Schedule 5) insert—
d
it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule;
e
it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule;
f
it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.
I54
In section 230 (free property: Northern Ireland)—
a
in subsection (2), after paragraph (e) insert—
ea
paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) or 10Z2(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;
b
in subsection (3)(b) for “or 297D” substitute “
, 297D or 298(4)
”
;
c
after subsection (3)(c) (as inserted by paragraph 27 of Schedule 5) insert—
d
it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule;
e
it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule;
f
it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.
I45
In section 245D (restriction on proceedings and remedies), in subsection (1)(b) after “levied” insert “
, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,
”
.
I46
In section 290 (prior approval to exercise of section 289 search powers), in subsection (4), after paragraph (aa) (inserted by Schedule 1 to this Act) insert—
ab
in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,
I47
In section 297A (forfeiture notice), in subsection (6), after paragraph (ba) (inserted by Schedule 1 to this Act, but before the “or” at the end of that paragraph) insert—
bb
the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,
I48
In section 302 (compensation), after subsection (7ZA) (inserted by Schedule 1 to this Act) insert—
7ZB
If the cash was seized by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.
I49
In that section, in subsection (7A)(a)(i), for “that Part of that Act” substitute “
Part 1 of the Police Reform and Social Responsibility Act 2011
”
.
I410
In section 306 (mixing property), in subsection (3) after paragraph (c) insert—
ca
for the discharge (in whole or in part) of a mortgage, charge or other security,
I411
In section 8 of the Serious Crime Act 2015 (variation or discharge of confiscation orders), in subsection (3) before paragraph (a) insert—
za
a confiscation order made under the Drug Trafficking Offences Act 1986,