Paragraph 12 Priority ordersI1I2

The Proceeds of Crime Act 2002 is amended as follows.

In section 13 (effect of confiscation order on court’s other powers), for subsections (5) and (6) substitute—

“(5)

Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction.

(6)

This subsection applies if, in the same proceedings (see section 85 for the meaning of “proceedings”) the following are made against the same person—

(a)

a confiscation order, and

(b)

one or more priority orders.

(7)

A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.”

In section 19 (no order made: reconsideration of case), omit subsection (8).

In section 20 (no order made: reconsideration of benefit), omit subsection (12).

In section 21 (order made: reconsideration of benefit)—

In section 22 (order made: reconsideration of available amount)—

In section 55 (sums received by designated officer), for subsection (5) substitute—

“(5)

If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.

(5A)

In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.”