Amendments proposed to the Proceeds of Crime Bill - continued House of Commons

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Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

435

Clause     383,     page     219,     line     25,     leave out 'sheriff' and insert 'judge of the High Court of Justiciary or judge of the Court of Session, as the case may be'.


   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

436

Clause     388,     page     222,     line     32,     leave out paragraph (a).


   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

437

Clause     393,     page     225,     line     1,     leave out paragraph (a).


   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

438

Clause     397,     page     226,     line     10,     leave out 'procurator fiscal' and insert 'Lord Advocate'.


   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

439

Clause     424,     page     246,     line     34,     leave out subsection (2).


   

Mr Bob Ainsworth

301

Clause     432,     page     251,     line     16,     at end insert—

    '(4A)   Property is obtained by a person if he obtains an interest in it.

    (4B)   References to an interest, in relation to property other than land, include references to a right (including a right to possession).'.


   

Mr Bob Ainsworth

516

Schedule     8,     page     270,     line     23,     after 'Part 2', insert 'or 3'.

   

Mr Bob Ainsworth

343

Schedule     8,     page     271,     line     8,     leave out from '3' to end of line 14 and insert '(courts of summary jurisdiction), after sub-paragraph (i) insert—

    "(j) proceedings under sections 294, 296, 297, [Victims] and 300 of the Proceeds of Crime Act 2001".'.

   

Mr Bob Ainsworth

517

Schedule     8,     page     272,     line     26,     after 'Part 2', insert ', 3 or 4'.

   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

442

Schedule     8,     page     272,     line     26,     at end insert—

       'Legal Aid (Scotland) Act 1986 (c. 47)

    12A   In Part I of Schedule 2 to the Legal Aid (Scotland) Act 1986, in paragraph 1, at end add—

      "( ) under section 94 of the Proceeds of Crime Act 2002 in relation to the making of a confiscation order where representations are made to the court by someone other than the accused;

      ( ) under section 101 of the Proceeds of Crime Act 2002 in relation to the disposal of the family home where representations are made to the court by someone other than the accused;

      ( ) under section 136 of the Proceeds of Crime Act 2002 in relation to action taken by the administrator where an application to the court has been made by a person specified in section 136(2) of that Act;

      ( ) under section 294 of the Proceeds of Crime Act 2002 in relation to the detention of seized cash;

      ( ) under section 297 of the Proceeds of Crime Act 2002 in relation to the forfeiture of cash detained under section 294 of that Act.".'

   

Mr Bob Ainsworth

344

Schedule     8,     page     279,     line     21,     leave out from '2(2)' to end of line 30 and insert '(Crown Court), after paragraph (d) insert "or

    (e) which relate to an order under section 297 of the Proceeds of Crime Act 2001",

    and omit the "or" at the end of paragraph (c).

     ( ) In paragraph 2(3) (magistrates' courts), after "2001", insert—

    "(l) for an order or direction under section 294, 296, 297, [Victims] or 300 of the Proceeds of Crime Act 2001",

    and omit the "or" at the end of paragraph (j)'.


   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

440

Schedule     9,     page     283,     line     27,     at end insert—

       'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.

   

Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

441

Schedule     9,     page     283,     line     30,     at end insert—

       'Proceeds of Crime (Scotland) Act 1995 (c. 43), Parts I, III, IV, V, Schedules 1 and 2'.


   

Norman Baker
Mr Alistair Carmichael
Annette Brooke

448

Clause     444,     page     255,     line     11,     leave out '2001'and insert '2002'.


EXCERPT FROM THE ORDER OF THE HOUSE (30TH OCTOBER 2001)

Proceedings in Standing Committee

    3.—(1)   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5th February 2002.

    (2)   The Standing Committee shall have leave to sit twice on the first day on which it meets.


ORDER OF THE COMMITTEE (13TH NOVEMBER 2001)

       That—

      (1) during proceedings on the Proceeds of Crime Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at five minutes to Nine o'clock and at half-past Two o'clock, except that on Tuesday 8th January 2002 the Committee shall not meet at half-past Ten o'clock;

      (2) 39 sittings in all shall be allotted to the consideration of the Bill by the Committee;

      (3) the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

      (4) the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

      (5) paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (3) if previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for
conclusion of
proceedings
1stClause 1, Schedule 1 and Clauses 2 to 5
2ndClause 1, Schedule 1 and Clauses 2 to 5
3rdClause 1, Schedule 1 and Clauses 2 to 5
4thClause 1, Schedule 1 and Clauses 2 to 5 (so far as not previously concluded), New Clauses and New Schedules relating to Part 1
5 p.m.
5thClauses 6 to 40
6thClauses 6 to 40
7thClauses 6 to 40
8thClauses 6 to 40
9thClauses 6 to 40
10thClauses 6 to 40 (so far as not previously concluded)7 p.m.
11thClauses 41 to 74
12thClauses 41 to 74 (so far as not previously concluded)5 p.m.
13thClauses 75 to 93
14thClauses 75 to 93 (so far as not previously concluded), New Clauses and New Schedules relating to Part 2
7 p.m.
15thClauses 94 to 137, Schedule 2 and Clauses 138 to 157
16thClauses 94 to 137, Schedule 2 and Clauses 138 to 157 (so far as not previously concluded), New Clauses and New Schedules relating to Part 3

5 p.m.
17thPart 4, New Clauses and New Schedules relating to Part 4
1 p.m.
18thClauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287
19thClauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287
20thClauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287
21stClauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287
22ndClauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 (so far as not previously concluded)

7 p.m.
23rdClauses 288 to 310
24thClauses 288 to 310
25thClauses 288 to 310 (so far as not previously concluded), New Clauses and New Schedules relating to Part 5
5 p.m.
26thClauses 311 to 319, Schedule 5 and Clause 320
27thClauses 311 to 319, Schedule 5 and Clause 320 (so far as not previously concluded), New Clauses and New Schedules relating to Part 6

7 p.m.
28thClauses 321 to 324, Schedule 6 and Clauses 325 to 329
29thClauses 321 to 324, Schedule 6 and Clauses 325 to 329
30thClauses 321 to 324, Schedule 6 and Clauses 325 to 329
31stClauses 321 to 324, Schedule 6 and Clauses 325 to 329 (so far as not previously concluded), New Clauses and New Schedules relating to Part 7

7 p.m.
32ndPart 8
33rdPart 8
34thPart 8 (so far as not previously concluded), New Clauses and New Schedules relating to Part 8
1 p.m.
35thPart 9, New Clauses and New Schedules relating to Part 9
7 p.m.
36thPart 10
37thPart 10 (so far as not previously concluded), New Clauses and New Schedules relating to Part 10
5 p.m.
38thPart 11, New Clauses and New Schedules relating to Part 11
1 p.m.
39thClause 433, Schedule 7, Clauses 434 to 438, Schedule 8, Clause 439, Schedule 9 and Clauses 440 to 444, remaining New Clauses and New Schedules

7 p.m.


 
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©Parliamentary copyright 2002
Prepared 17 Jan 2002