Explanatory note

This Order amends section 280(4) of the Proceeds of Crime Act 2002 (“the 2002 Act”), in consequence of the amendments made to that Act by the Serious Crime Act 2007 (“the 2007 Act”). The 2007 Act makes amendments to the 2002 Act to abolish the Assets Recovery Agency and its Director. The 2007 Act transfers the Director’s functions in relation to the civil recovery of the proceeds of crime under Part 5 of the 2002 Act to the Serious Organised Crime Agency, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland. Section 280 of the 2002 Act relates to the application of sums which represent the realised proceeds of property vested in, or obtained by, a trustee for civil recovery under a recovery order and sums vested by a recovery order in the trustee or obtained by the trustee in pursuance of a recovery order. The amendment in this Order clarifies that the reference to “members of staff” in section 280(4) of the 2002 Act does not include the contractors of the persons who will be taking on the functions in Part 5 of the 2002 Act under the amendments made by the 2007 Act. The effect of the Order is that those persons will be able to apply sums they receive under section 280(2) to pay the remuneration of a trustee for civil recovery who is a contractor.