{
  "url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-27",
  "json_url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-27.json",
  "legislation": "ukpga/2026/20",
  "legislation_title": "Crime and Policing Act 2026",
  "legislation_url": "https://openlegislation.uk/crime-and-policing-act-2026",
  "path": "schedule/21/paragraph/27",
  "kind": "paragraph",
  "number": "27",
  "heading": "Exception to restraint order for reasonable living expenses",
  "text": "In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—\n(a) after subsection (3) insert—\n“(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following—\n(a) the period for which the restraint order is to have effect;\n(b) the specified person’s applicable standard of living (see subsection (11));\n(c) the specified person’s means;\n(d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;\n(e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;\n(b) at the end insert—\n“(11) In this section—\n“applicable standard of living”, in relation to a specified person, means—\n(a)the person’s standard of living immediately before the making of the restraint order, or\n(b)in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;\n“relevant realisable property” has the same meaning as in section 40.”",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 21 para. 27 not in force at Royal Assent, see s. 255(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 21 para. 27 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/20/schedule/21/paragraph/27",
    "retrieved_at": "2026-11-07T03:35:03.708512+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}