Clause 268 - Functions of the trustee for civil recovery

Proceeds of Crime Bill – in a Public Bill Committee am 5:30 pm ar 18 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs)

I tabled an amendment to the clause, but it was not selected. My inquiries revealed that, like many other amendments that I have tabled in the course of the Committee, it was not selected because it was thought to be unnecessary, as it stated something that was already included in the Bill. I raise that question now so that we may have the Minister's assurance on the record.

Subsection (1) states:

''The trustee for civil recovery is a person appointed by the court to give effect to a recovery order.''

Under subsection (2),

''The enforcement authority must nominate a suitably qualified person for appointment as the trustee.''

I assume that the court has the discretion to reject the nominee. My amendment was designed to make that clear. Those who know much more than I do about the drafting of legislation take the view that that is almost certainly the case—indeed, they are convinced—but a reassurance from the Minister in the pages of Hansard will provide that extra degree of assurance. Could the court reject the receiver nominated by the enforcement authority?

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

The hon. Gentleman may be assured that that is the case.

Question put and agreed to.

Clause 268 ordered to stand part of the Bill.