Proceeds of Crime Bill – in a Public Bill Committee am 6:30 pm ar 18 Rhagfyr 2001.
Bob Ainsworth
The Parliamentary Under-Secretary of State for the Home Department
6:30,
18 Rhagfyr 2001
I beg to move amendment No. 318, in page 161, line 41, at end insert
'or which he obtained in pursuance of a recovery order'.
Roger Gale
Vice-Chair, Conservative Party
With this it will be convenient to take Government amendments Nos. 319 and 320.
Bob Ainsworth
The Parliamentary Under-Secretary of State for the Home Department
The amendments are technical amendments to clause 279, which provides for what the trustee will do with sums that are in his hands as a result of his functions under the Bill. The amendments are intended to ensure that clause 279 refers to all of the circumstances in which money may be obtained by the trustee for civil recovery.
As currently drafted, the clause applies to sums representing the realisable proceeds of property vested in the trustee by a recovery order, and sums directly vested in him by a recovery order. It also applies to the payment made to him following an agreement between the enforcement authority and the owner of associated property or an excepted joint owner under clause 271, and to the payment made to him in respect of rights under a pension scheme under clause 273. When recovery orders are made by consent under clause 276, we envisage that when a trustee is involved it will frequently be the case that the property or money in question can be paid over immediately, and that that can be provided for by the recovery order. However, a recovery order made by consent may need to make provision for the future transfer of property or money. Clause 279 needs to be drafted sufficiently widely to cover that.
The amendments therefore have the following effect. Subsection (1)(a) covers the sums that represent the realised proceeds of property vested in the trustee by a recovery order. Amendment No. 318 extends that to cover the realisable proceeds that the trustee has obtained in pursuance of the recovery order, but which have not been vested in him by a recovery order. That will cover property that the respondent agrees to transfer to the trustee under a recovery order made by consent, but is not vested in the trustee—that is, transferred to him by order.
Amendment agreed to.
Amendments made: No. 319, in page 161, line 42, at end insert
'or obtained by him in pursuance of a recovery order'.
No. 320, in page 161, leave out line 43.—[Mr. Bob Ainsworth.]
Clause 279, as amended, order to stand part of the Bill.
Clause 279, as amended, ordered to stand part of the Bill.
