{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002/section-174",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002/section-174.json",
  "legislation": "ukpga/2002/29",
  "legislation_title": "Proceeds of Crime Act 2002",
  "legislation_url": "https://openlegislation.uk/proceeds-of-crime-act-2002",
  "path": "section/174",
  "kind": "section",
  "number": "174",
  "heading": "Inadequacy of available amount: discharge of order",
  "text": "(1) This section applies if—\n(a) a court has made a confiscation order,\n(b) the prosecutor applies to the Crown Court for the discharge of the order, and\n(c) the amount remaining to be paid under the order is less than £1,000.\n(2) In such a case the court must calculate the available amount, and in doing so it must apply section 159 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.\n(3) If the court—\n(a) finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and\n(b) is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,\nit may discharge the confiscation order.\n(4) The specified reasons are—\n(a) in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;\n(b) any reason specified by the Department of Justice in Northern Ireland by order.\n(5) The Department of Justice in Northern Ireland may by order vary the amount for the time being specified in subsection (1)(c).\n(6) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c).\n(7) Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 174(4)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 48(a) (with arts. 28-31)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 174(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 48(b) (with arts. 28-31)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 174(6)(7) inserted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 32(5), 58(3)(6) (with s. 32(7)); S.R. 2021/167, reg. 2(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 174 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2002/29/section/174",
    "retrieved_at": "2026-10-29T09:19:19.387180+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."
}