Serious Crime Act 2015

6Confiscation and victim surcharge ordersE+W
This section has no associated Explanatory Notes

(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) ”.

Commencement Information

I1S. 6 in force at 1.6.2015 by S.I. 2015/820, reg. 3(c)