With this it will be convenient to discuss the following:
New clause 5—Unexplained Wealth Orders: award of costs—
“In Chapter 2 of Part 8 of the Proceeds of Crime Act 2002, after section 362H insert—
‘362HB Unexplained Wealth Orders: award of costs
(1) Pursuant to Part 3 of the Civil Procedure Rules (The Court’s Case Management Powers) the High Court must make a costs capping order, in respect of—
(a) unexplained wealth orders under section 362A of this Act;
(b) interim freezing orders under section 262I of this Act.
(2) The High Court shall not have power to make an award for costs on the indemnity basis against enforcement authorities who bring an unsuccessful application for—
(a) unexplained wealth orders under section 362A of this Act;
(b) interim freezing orders under section 262I of this Act.
(3) For the purposes of this section “enforcement agencies” has the same meaning as in subsection 362A(7).’”
This new clause would prevent the courts from awarding uncapped costs on the indemnity basis against enforcement agencies where they have brought unsuccessful applications for unexplained wealth orders or interim freezing orders. It seeks to define such civil actions as within “exceptional circumstances” required for the purposes of Practice Direction 3F to Part 3 of the Civil Procedure Rules under which the court has the power to make a cost capping order.
Amendment 1, page 3, clause 1, leave out line 29.
This amendment would allow unexplained wealth orders to be issued to politically exposed persons in the United Kingdom and EEA States.
Government amendments 2 to 19.
Motion to transfer clause 12(3).
Government amendments 20 to 57 and 60 to 72.