Clause 129 - Confiscation order made: administrators

Proceeds of Crime Bill – in a Public Bill Committee am 3:45 pm ar 6 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: No. 233, in page 79, line 21, at end insert—

'(3A) An appointment of an administrator may be made subject to conditions or exceptions.'.

No. 234, in page 79, line 23, leave out 'under section 127 or'.

No. 235, in page 79, line 25, leave out from 'property' to end of line 26.

No. 236, in page 79, line 26, at end insert—

'(aa) power to manage or otherwise deal with the property;'.

No. 237, in page 79, line 39, leave out 'an administrator referred to in subsection (4)' and insert—

'the administrator'.

No. 238, in page 80, line 2, after 'subsection (5)', insert '(aa) or'.

No. 239, in page 80, line 7, at end add—

'(11) Managing or otherwise dealing with property includes—

(a) selling the property or any part of it or interest in it;

(b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

(c) incurring capital expenditure in respect of the property.

(12) The court may order that a power conferred by an order this section is subject to such conditions and exceptions as it specifies.

(13) Subsections (5) does not apply to property for the time being subject to a charge under—

(a) section 9 of the Drug Trafficking Offences Act 1986 (c.32);

(b) section 78 of the Criminal Justice Act 1988 (c.33);

(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 199/2588 (N.I. 17));

(d) section 27 of the Drug Trafficking Act 1994 (c.37);

(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).'—[Mr. Foulkes.]

Clause No. 129, as amended, ordered to stand part of the Bill.

Clause No. 130 ordered to stand part of the Bill.

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

On a point of order, Mr. McWilliam. I think that amendments Nos. 240 and 268 refer to clause 130.

Photo of Mr John McWilliam Mr John McWilliam Llafur, Blaydon

Amendment No. 240 refers to clause 130. That is why I was concerned that the Government voted for the clause, but they have done it now.

Photo of Mr John McWilliam Mr John McWilliam Llafur, Blaydon

Order. The clause has gone through. Amendment No. 240 was not selected because it was a wrecking amendment that would have destroyed the clause. Unfortunately, the clause has gone through and has been ordered to stand part of the Bill. It will have to be dealt with when the Bill reaches a later stage.Clause 131 Discharge