SCHEDULES

SCHEDULE 4Minor and consequential amendments

Proceeds of Crime Act 2002 (c. 29)

I132

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.