SCHEDULES

SCHEDULE 4Minor and consequential amendments

Proceeds of Crime Act 2002 (c. 29)

I2819

In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end of subsection (5) insert— “Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”

I120

In section 12 of that Act (interest on unpaid sums), in subsection (1)—

a

for “the amount required to be paid” substitute “ any amount required to be paid ”;

b

for “must pay interest on the amount” substitute “ must pay interest on that amount ”.

I1021

In section 14 of that Act (postponement), after paragraph (c) of subsection (12) insert—

ca

made an order under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

I1522

1

Section 15 of that Act (effect of postponement) is amended as follows.

2

In subsection (2)—

a

at the end of paragraph (c) omit “or”;

b

after that paragraph insert—

ca

make an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or

3

In subsection (3)—

a

at the end of paragraph (c) omit “or”;

b

after that paragraph insert—

ca

making an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or

I4123

1

Section 19 of that Act (no order made: reconsideration of case) is amended as follows.

2

In subsection (7), after paragraph (d) insert—

da

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

3

In subsection (8), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.

I824

1

Section 20 of that Act (no order made: reconsideration of benefit) is amended as follows.

2

In subsection (11), after paragraph (d) insert—

da

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

3

In subsection (12), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.

I225

1

Section 21 of that Act (order made: reconsideration of benefit) is amended as follows.

2

In subsection (9), after paragraph (c) insert—

ca

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

3

In subsection (10), after “(9)(c)” insert “ , (ca) ”.

I4526

1

Section 22 of that Act (order made: reconsideration of available amount) is amended as follows.

2

In subsection (5), after paragraph (c) insert—

d

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge).

3

In subsection (6), after “(5)(c)” insert “ or (d). ”

I327

1

Section 31 of that Act (appeal to Court of Appeal) is amended as follows.

2

In the heading, after “prosecutor” insert “ etc ”.

3

In subsection (3), after “by virtue of section” insert “ 10A, ”.

I2528

In section 32 of that Act (Court of Appeal's powers on appeal), in subsection (7), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.

I729

In section 33 of that Act (appeal to Supreme Court), in subsection (9), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.

I1130

In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2) to (4)” substitute “ 139(2), (3) ”.

I1431

In section 41 of that Act (restraint orders), after subsection (7C) (inserted by section 11 above) insert—

7D

In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.

I1232

1

Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.

2

In subsection (4), for “(7)” substitute “ (8) ”.

3

For subsection (7) substitute—

7

If the condition in section 40 which was satisfied was that an investigation was started—

a

the court must discharge the order if within a reasonable time proceedings for the offence are not started;

b

otherwise, the court must discharge the order on the conclusion of the proceedings.

8

If the condition in section 40 which was satisfied was that an application was to be made—

a

the court must discharge the order if within a reasonable time the application is not made;

b

otherwise, the court must discharge the order on the conclusion of the application.

I4733

In section 55 of that Act (sums received by designated officer), in subsection (5), for “an amount of compensation or all or part of an amount payable under an unlawful profit order” substitute “ an amount payable under a priority order (or orders) ”.

I2734

In section 89 of that Act (procedure on appeal to the Court of Appeal), in subsection (4), before paragraph (a) insert—

za

section 31(4) (appeals against determinations under section 10A),

I3235

In section 92 of that Act (making of order), at the end of subsection (6) insert—

Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the accused to pay the recoverable amount.

I31I4636

In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—

d

made a restitution order;

e

ordered the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

I16I2437

1

Section 100 of that Act (effect of postponement) is amended as follows.

2

In subsection (3)—

a

at the end of paragraph (b) omit “or”;

b

after paragraph (c) insert—

d

make a restitution order, or

e

order the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

3

In subsection (4)—

a

at the end of paragraph (b) omit “or”;

b

after paragraph (c) insert—

d

making a restitution order, or

e

ordering the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

I18I2638

1

Section 104 of that Act (no order made: reconsideration of case) is amended as follows.

2

In subsection (7), after paragraph (d) insert—

e

any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

f

any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

3

After subsection (8) insert—

8A

If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.

I43I3339

1

Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows.

2

In subsection (10), after paragraph (d) insert—

e

any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

f

any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

3

After subsection (11) insert—

11A

If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.

I40I540

1

Section 106 of that Act (order made: reconsideration of benefit) is amended as follows.

2

In subsection (8), after paragraph (c) insert—

d

any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

e

any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

3

In subsection (9)—

a

for “the court must not” substitute

the court—

a

must not

b

at the end insert—

b

must not have regard to an order falling within subsection (8)(d) or (e) if a court has made a direction under section 97A(2) or (4).

I13I3941

1

Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.

2

In subsection (4), after paragraph (c) insert—

d

any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

e

any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

3

In subsection (5)—

a

for “the court must not” substitute

the court—

a

must not

b

at the end insert—

b

must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4).

I3542

In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).

I3743

1

Section 121 of that Act (application, recall and variation) is amended as follows.

2

In subsection (5), for “(9)” substitute “ (10) ”.

3

For subsection (9) substitute—

9

In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—

a

the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;

b

otherwise, the court must recall the order on the conclusion of the proceedings.

10

In the case of a restraint order, if the condition in section 119 which was satisfied was that an application was to be made—

a

the court must discharge the order if within a reasonable time the application is not made;

b

otherwise, the court must recall the order on the conclusion of the application.

I21I1944

In section 131 of that Act (sums received by clerk of court)—

a

in subsection (6), after “97(6)” insert “ or 97A(4) ”;

b

after that subsection insert—

6A

If a direction was made under section 97A(2) or (4) for an amount payable under a restitution order or a victim surcharge under section 253F(2) of the Procedure Act to be paid out of sums recovered under the confiscation order, the clerk of court must next apply the sums in payment of that amount.

I4845

In section 153 of that Act (satisfaction of confiscation orders), in subsection (1) omit paragraph (b).

I2246

In section 156 of that Act (making of order), at the end of subsection (5) insert—

Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.

I447

In section 162 of that Act (interest on unpaid sums), in subsection (1)—

a

for “the amount required to be paid” substitute “ any amount required to be paid ”;

b

for “must pay interest on the amount” substitute “ must pay interest on that amount ”.

I948

1

Section 181 of that Act (appeal to Court of Appeal) is amended as follows.

2

In the heading, after “prosecutor” insert “ etc ”.

3

In subsection (3), after “by virtue of section” insert “ 160A, ”.

I2049

In section 185 of that Act (enforcement as fines)—

a

in subsection (2) omit “(2),”;

b

in subsection (3), after “Criminal Justice” insert “ (Children) ”.

I2350

In section 190 of that Act (restraint orders), after subsection (7C) (inserted by section 33 above) insert—

7D

In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.

I651

1

Section 191 of that Act (application, discharge and variation of restraint orders) is amended as follows.

2

In subsection (4), for “(7)” substitute “ (8) ”.

3

For subsection (7) substitute—

7

If the condition in section 189 which was satisfied was that an investigation was started—

a

the court must discharge the order if within a reasonable time proceedings for the offence are not started;

b

otherwise, the court must discharge the order on the conclusion of the proceedings.

8

If the condition in section 189 which was satisfied was that an application was to be made—

a

the court must discharge the order if within a reasonable time the application is not made;

b

otherwise, the court must discharge the order on the conclusion of the application.

I4252

In section 273 of that Act (payments in respect of rights under pension schemes), in subsection (4)(b), after “section 245E,” insert “ PPO receiver, ”.

I2953

In section 277 of that Act (consent orders: pensions), in subsection (7)(b), after “section 245E,” insert “ PPO receiver, ”.

I3854

In section 316 of that Act (Part 5: general interpretation), in subsection (1), at the appropriate place insert—

“PPO receiver” has the meaning given by section 255G(2);

I3055

In section 341 of that Act (investigations), in subsection (1) omit “or” at the end of paragraph (a).

I4456

In section 416 of that Act (other interpretative provisions), after subsection (3) insert—

3A

The expressions “realisable property” and “confiscation order”—

a

in the application of this Part to England and Wales, have the same meanings as in Part 2;

b

in the application of this Part to Scotland, have the same meanings as in Part 3;

c

in the application of this Part to Northern Ireland, have the same meanings as in Part 4.

I1757

1

Section 459 of that Act (orders and regulations) is amended as follows.

2

In subsection (4)(a)—

a

after “section” insert “ 35(2C), ”;

b

before “75(7) or (8)” insert “ 67(7A), ”.

3

In subsection (7A)—

a

after “section” insert “ 185(2B), ”;

b

before “223(7) or (8)” insert “ 215(7A), ”.

I3458

1

In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended as follows.

2

In paragraph (b), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.

3

In paragraph (c), for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”.

4

In paragraph (d), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.

I3659

In Schedule 10 to that Act, in paragraph 1 (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (d) insert—

da

a PPO receiver appointed under section 255G;