OpenLegislation

Section 69 Specific powers of court and receiver etc.C1C2F7F8I1

England and Wales

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 41 to F159 F2, sections 62 to 67D and sections 67J to 67L;

(b)

the powers of a receiver appointed under section 48 F3or 50.

F4(c)

the powers conferred on appropriate officers by sections 47C to 47L;

(d)

the powers conferred on senior officers by section 47G.

(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 51(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 67AA (power to order destruction of cryptoassets).

(3)

Subsection (2) has effect subject to F6the principal objective (see section 5A) and 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 sold 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. 69(1)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 34(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2

Words in s. 69(1)(a) substituted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 31(6); S.I. 2026/689, reg. 2(1)(z12)

F3

Words in s. 69(1)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 34(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F4

S. 69(1)(c)(d) inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 55(4)(a), 116(1); S.I. 2015/983, art. 2(2)(a)

F5

S. 69(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(1)(2)(b), Sch. 8 para. 17; S.I. 2024/269, reg. 4(a)

F6

Words in s. 69(3) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 1(4)(b); S.I. 2026/689, reg. 2(1)(z12)

F7

Word in s. 69 heading inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 1(4)(a); S.I. 2026/689, reg. 2(1)(z12)

F8

Word in s. 69 heading inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 55(4)(b), 116(1); S.I. 2015/983, art. 2(2)(a)

Modifications

C1

Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C2

Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement

I1

S. 69 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Notes on Part 2

Modifications

C3

Pt. 2: 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. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)

C5

Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)

C6

Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

C7

Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)

C8

Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

C9

Pt. 2 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)

C10

Pt. 2 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)

C11

Pt. 2 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)

Notes on Exercise of specific powers

Textual amendments

F1

Word in s. 69 cross-heading inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 1(3); S.I. 2026/689, reg. 2(1)(z12)