Clause 185 - Court's powers on appeal

Part of Proceeds of Crime Bill – in a Public Bill Committee am 12:45 pm ar 11 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) 12:45, 11 Rhagfyr 2001

I need not delay the Committee long on amendment No. 121. It replicates amendment No. 38, which has already been made to clause 33. When we reconsidered the clause following the Bill's introduction, it occurred to us that clause 185(11) is unnecessary, because its effect is already included in clause 203. If the director is responsible for enforcing the confiscation order, the Crown court must make an order permitting the director to appoint a receiver, regardless of whether the Court of Appeal originally made the confiscation order.

Amendment No. 128 is a technical amendment that makes the same change as amendment No. 45 did to clause 52. As the Court of Appeal does not need to direct the Crown court to proceed under clause 203, subsection (2) is not appropriate. In short, amendment No. 128 removes the reference to the Court of Appeal directing the Crown court. However, the effect of proposed new subsection (2) will continue to be that, if the confiscation order has already been satisfied, the Crown court is not obliged to make an order for the appointment of a director's receiver.