Clause 123 - Application, recall and variation

Part of Proceeds of Crime Bill – in a Public Bill Committee am 3:15 pm ar 6 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office) 3:15, 6 Rhagfyr 2001

This is a drafting amendment. Subsection (1)(b) is redundant, as there is no order-making power in clause 122(4). Amendment No. 227 is a drafting amendment designed to make it clear that any person who is affected by the order can apply to the court to have it recalled or varied. Such persons include not only the person against whom the order was made but also a third party who may not be specified in the restraint order. A third party might, for example, have a legitimate claim to property referred to in the restraint order and might be unable to gain access to it because of the restraint order.

Amendment No. 228 deletes subsection (11) because it is redundant, by virtue of the obligation placed on the prosecutor by subsection (3) to notify every person affected by a restraint order. Amendment No. 229 is similar to amendment No. 227, and amends clause 124 to make it clear that any person affected by a restraint order—not any person with an interest in it—can appeal to the Court of Session. I hope that that is clear.