Clause 64 - Management receivers: discharge

Proceeds of Crime Bill – in a Public Bill Committee am 11:00 am ar 29 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 11:00, 29 Tachwedd 2001

I beg to move amendment No. 48, in page 41, line 3, at end insert—

`(3A) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 49(2)(d).'

Photo of Mr John McWilliam Mr John McWilliam Llafur, Blaydon

With this we may discuss amendment No. 49, in page 41, line 7, at end add—

`(5) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.'

Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department

Amendment No. 48 is technical. It ensures that the management receiver is able to retain property that he has realised to meet his remuneration and expenses, as permitted under clause 49(2)(d), and does not have to pass it on to the incoming enforcement receiver. That is the case for making the amendment.

Amendment No. 49 grants the court discharging the management receiver the power to make consequential and incidental orders. The power might be useful when a management receiver is appointed and enforcement is made by the magistrates court, but there is no enforcement receiver. In practice, that would probably never happen, but the power would enable the court to authorise the transfer of funds from the management receiver to the enforcement justices' chief executive.

Amendment agreed to.

Further consideration adjourned—[Mrs. McGuire.]

Adjourned accordingly at one minute past Eleven o'clock till this day at half-past Two o'clock. {**vert_rule**}