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Section 217 Powers of court and receiver etcC1F6I1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies to—

(a)

the powers conferred on a court by sections 189 to F1207 and sections 210 to F2215D;

(b)

the powers of a receiver appointed under section 196 F3or 198.

F4(c)

the powers conferred on appropriate officers by sections 195C to 195L;

(d)

the powers conferred on senior officers by section 195G.

(2)

The powers—

(a)

must be exercised with a view to the value for the time being of realisable property being made available (by the property’s realisation) for satisfying any confiscation order that has been or may be made against the defendant;

(b)

must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property;

(c)

must be exercised without taking account of any obligation of the defendant or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any confiscation order that has been or may be made against the defendant;

(d)

may be exercised in respect of a debt owed by the Crown.

F5(2A)

Subsection (2)(a) does not apply to—

(a)

the power conferred on a court by paragraph (e) of section 199(2) (which enables the court to give a receiver the power to destroy cryptoassets),

(b)

a power conferred on a receiver by virtue of that paragraph, or

(c)

the power conferred on a magistrates’ court by section 215AA (power to order destruction of cryptoassets).

(3)

Subsection (2) has effect subject to the following rules—

(a)

the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him;

(b)

in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift;

(c)

in a case where a confiscation order has not been made against the defendant, property must not be realised if the court so orders under subsection (4).

(4)

If on an application by the defendant, or by the recipient of a tainted gift, the court decides that property cannot be replaced it may order that it must not be sold.

(5)

An order under subsection (4) may be revoked or varied.

Annotations

Textual amendments

F1

Word in s. 217(1)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 67(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2

Word in s. 217(1)(a) substituted (1.3.2016) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 74; S.I. 2016/147, art. 3(i)

F3

Words in s. 217(1)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 67(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F4

S. 217(1)(c)(d) inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 57(4)(a), 116(1); S.I. 2016/147, art. 3(b) (with art. 4)

F5

S. 217(2A) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 53; S.R. 2024/82, art. 2

F6

Word in s. 217 heading inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 57(4)(b), 116(1); S.I. 2016/147, art. 3(b) (with art. 4)

Modifications

C1

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.)

Commencement

I1

S. 217 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Notes on Part 4

Modifications

C1

Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)

C3

Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)

C4

Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)

C5

Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)

C6

Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C7

Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C8

Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)