Clause 13 - Interest on unpaid sums

Part of Proceeds of Crime Bill – in a Public Bill Committee am 2:30 pm ar 22 Tachwedd 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department 2:30, 22 Tachwedd 2001

We have such a provision. It is clause 13, under which interest is payable from the time that the order is required to be made. New subsection (2A) states:

``For the purposes of this section no amount is required to be paid under a confiscation order if—

(a) an application has been made under section 12(4),

(b) the application has not been determined by the court, and

(c) the period of 12 months starting with the date on which the confiscation order was made has not ended.''

The clause dictates what happens when those issues have been dealt with and when the order is required to be paid. If it is not paid, interest is applicable.

The hon. Gentleman is becoming mixed up because of a comment that arose in our discussions this morning about clause 24. That clause allows us to revisit the available amount on the request of the defendant. My hon. Friend the Minister of State said that, if that revisiting takes place, any interest that has been paid can be taken into account. It would be hardly be just if it were not taken into account. That clause provides the ability for the available amount to be revisited. That procedure may result in a lowering of the amount required. Any interest that has been charged will be taken into account when the re-evaluation takes place.