Moved by
Baroness Williams of Trafford
33: Schedule 5, page 165, line 18, after “303O(3)” insert “, 303R(3)”
34: Schedule 5, page 165, leave out lines 20 and 21 and insert—
“(d) any property which is the forfeitable property in relation to an order under section 303Q(1).””
35: Schedule 5, page 165, line 28, at end insert “303R(3),”
36: Schedule 5, page 165, leave out lines 36 and 37 and insert—
“(c) it is the forfeitable property in relation to an order under section 303Q(1).””
37: Schedule 5, page 165, line 43, after “303O(3)” insert “, 303R(3)”
38: Schedule 5, page 166, leave out lines 2 and 3 and insert—
“(d) any property which is the forfeitable property in relation to an order under section 303Q(1).””
39: Schedule 5, page 166, line 6, at end insert “303R(3),”
40: Schedule 5, page 166, leave out lines 14 and 15 and insert—
“(c) it is the forfeitable property in relation to an order under section 303Q(1).””
41: Schedule 5, page 166, line 21, after “303O(3)” insert “, 303R(3)”
42: Schedule 5, page 166, leave out lines 23 and 24 and insert—
“(d) any property which is the forfeitable property in relation to an order under section 303Q(1).””
43: Schedule 5, page 166, line 31, at end insert “303R(3),”
44: Schedule 5, page 166, leave out lines 39 and 40 and insert—
“(c) it is the forfeitable property in relation to an order under section 303Q(1).””
45: Schedule 5, page 179, line 10, at end insert—
“76A(1) Section 435 (use of information by certain Directors) is amended as follows.
(2) In the heading for “Directors” substitute “authorities”.
(3) In subsection (1)—
(a) for “the Director” substitute “a relevant authority”;
(b) for “his”, in each place, substitute “the authority’s”;
(c) for “him” substitute “the authority”.
(4) In subsection (2)—
(a) for “the Director” substitute “a relevant authority”;
(b) for “his”, in each place, substitute “the authority’s”;
(c) for “him” substitute “the authority”.
(5) In subsection (4)—
(a) in the words before paragraph (a), for ““the Director”” substitute ““relevant authority””;
(b) omit “or” at the end of paragraph (b);
(c) after paragraph (c) insert—
“(d) Her Majesty’s Revenue and Customs; or
(e) the Financial Conduct Authority.”
(6) The amendments made by this paragraph apply to information obtained before, as well as to information obtained after, the coming into force of this paragraph.
76B(1) Section 436 (disclosure of information to certain Directors) is amended as follows.
(2) In the heading for “Directors” substitute “authorities”.
(3) In subsection (1)—
(a) for “the Director”, in the first place it occurs, substitute “a relevant authority”;
(b) for “the Director”, in the second place it occurs, substitute “the authority”;
(c) for “his” substitute “the authority’s”.
(4) In subsection (5), after paragraph (h) insert—
“(i) the Financial Conduct Authority.”
(5) In subsection (10) for ““the Director”” substitute ““relevant authority””.
(6) The amendments made by this paragraph apply to information obtained before, as well as to information obtained after, the coming into force of this paragraph.
76C(1) Section 437 (further disclosure) is amended as follows.
(2) In subsection (2), in paragraph (a) for “the Director’s” substitute “a relevant authority’s”.
(3) In subsection (6)—
(a) for “the Director”, in the first place it occurs, substitute “a relevant authority”;
(b) for “the Director”, in the second place it occurs, substitute “the authority”.
(4) In subsection (7) for ““the Director”” substitute ““relevant authority””.
76D(1) Section 438 (disclosure of information by certain Directors) is amended as follows.
(2) In the heading for “Directors” substitute “authorities”.
(3) In subsection (1)—
(a) in the words before paragraph (a)—
(i) for “the Director” substitute “a relevant authority”;
(ii) for “his” substitute “the authority’s”;
(iii) for “him” substitute “the authority”;
(b) in paragraph (c) for “Director’s” substitute “authority’s”;
(c) in paragraph (e) after “Part 5” insert “or 8”;
(d) in paragraph (f)—
(i) for “or a constable” substitute “, a constable or an SFO officer”;
(ii) after “Chapter 3” insert “, 3A or 3B”;
(e) in paragraph (fa) for “Director” substitute “relevant authority”.
(4) In subsection (5)—
(a) for “the Director” substitute “a relevant authority”;
(b) for “he”, in each place, substitute “the authority”.
(5) In subsection (10) for ““the Director”” substitute ““relevant authority””.
(6) The amendments made by this paragraph apply to information obtained before, as well as to information obtained after, the coming into force of this paragraph.
76E(1) Section 439 (disclosure of information to Lord Advocate and to Scottish Ministers) is amended as follows.
(2) In subsection (1), after “Part 5” insert “or 8”.
(3) In subsection (5), after paragraph (h) insert—
“(i) the Financial Conduct Authority.”
(4) The amendments made by this paragraph apply to information obtained before, as well as to information obtained after, the coming into force of this paragraph.
46: Schedule 5, page 179, line 11, leave out paragraphs 77 and 78
47: Schedule 5, page 179, line 15, leave out from beginning to “subsection” in line 16 and insert—
“77(1) Section 441 (disclosure of information by Lord Advocate and by Scottish Ministers) is amended as follows.
(2) In subsection (1), after “Chapter 3” insert “or 3A”.
(3) In”
48: Schedule 5, page 179, line 18, at end insert—
“( ) in paragraph (fa), for the words from “functions” to “Ireland” substitute “functions of a relevant authority, as defined by section 435(4),”;
( ) in paragraph (g)—
(i) omit “a customs officer or”;
(ii) after “Chapter 3” insert “, 3A or 3B”.”
49: Schedule 5, page 179, line 18, at end insert—
“79A_ In section 443 (enforcement in different parts of the United Kingdom), in subsection (1) after paragraph (c) insert—
“(ca) for an order made by a court under Part 7 in one part of the United Kingdom to be enforced in another part;”.”
50: Schedule 5, page 180, line 20, at end insert—
“Homelessness etc.(Scotland) Act 2003 (asp 10)
In section 11 of the Homelessness etc.(Scotland) Act 2003 (notice to local authority of proceedings for possession etc.), in subsection (5), after paragraph (f) insert—
“(fa) section 245ZA(2) of the Proceeds of Crime Act 2002 (notice to local authority of application for decree of removing and warrant for ejection),”.
Bankruptcy and Diligence etc.(Scotland) Act 2007 (asp 3)
The Bankruptcy and Diligence etc.(Scotland) Act 2007 is amended as follows.
_(1) Section 214 (expressions used in Part 15) is amended as follows.
(2) In subsection (1)—
(a) omit “and” after the definition of “a decree for removing from heritable property”, and
(b) after the definition of “an action for removing from heritable property” insert—
““defender”, in relation to a decree for removing from heritable property of the type mentioned in subsection (2)(l), means any person against whom the decree is enforceable.”
(3) In subsection (2)—
(a) omit “and” at the end of paragraph (j), and
(b) after paragraph (k) insert “; and
(l) a decree of removing and warrant for ejection granted under section 266(8ZA) of the Proceeds of Crime Act 2002.”
In section 216 (service of charge before removing)—
(a) in subsection (1), in paragraph (a), for “14 days” substitute “the appropriate period”, and
(b) after that subsection insert—
“(1A) In subsection (1)(a), “the appropriate period” means—
(a) in the case of a decree for removing from heritable property of the type mentioned in paragraph (l) of section 214(2), 28 days,
(b) in the case of a decree for removing from heritable property of the type mentioned in any other paragraph of that section, 14 days.”
In section 218 (preservation of property left in premises), after subsection (2) insert—
“(3) In the application of this section to the granting of a decree for removing from heritable property of the type mentioned in section 214(2)(l), “pursuer” means the trustee for civil recovery who is responsible by virtue of section 267(3)(ba) of the Proceeds of Crime Act 2002 for enforcing the decree.””