Moved by
Lord Clement-Jones
90: Clause 47, leave out Clause 47 and insert the following new Clause—
“Civil recovery: costs of proceedings
After section 316 of the Proceeds of Crime Act 2002 insert—
“Civil recovery: costs of proceedings
316A Costs orders
(1) This section applies to proceedings brought by an enforcement authority under part 5 of the Proceeds of Crime Act 2002.
(2) The court may not make an order that any costs of proceedings relating to a case to which this section applies (including appeal proceedings) are payable by an enforcement authority to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless—
(a) the authority acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or
(b) the authority acted dishonestly or improperly in the course of the proceedings.””