Proceeds of Crime (Amendment) Act 2005

Amendment of section 3 (interlocutory order) of Principal Act.

5

5.—Section 3 of the Principal Act is hereby amended—

( a) in subsection (1)—

(i) by the substitution, for the opening words up to and including “section 8”, of the following:

“Where, on application to it in that behalf by a member, an authorised officer or the Criminal Assets Bureau, it appears to the Court on evidence tendered by the applicant, which may consist of or include evidence admissible by virtue of section 8”,

and

(ii) by the substitution, for “the Court shall make”, of “the Court shall, subject to subsection (1A), make”,

( b) by the insertion of the following subsection after subsection (1):

“(1A) On such an application the Court, with the consent of all the parties concerned, may make a consent disposal order, and section 4A shall apply and have effect accordingly.”,

( c) by the insertion, after subsection (3), of the following:

“(3A) Without prejudice to subsection (7) and section 6, where an interlocutory order is in force, the Court may, on application to it in that behalf by the applicant or any other person, vary the order to such extent as may be necessary to permit—

( a) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

( b) the recovery by a county registrar or sheriff of income tax due by the respondent pursuant to a certificate issued by the Collector-General under section 962 of the Taxes Consolidation Act 1997 , together with the fees and expenses provided for in that section, or

( c) the institution of proceedings for, or relating to, the recovery of any other sum owed by the respondent.”,

( d) in subsection (6) by the substitution of the following for paragraph ( a):

“( a) in case the application is under subsection (1), (3A) or (4), by the applicant or other person making the application to the respondent, unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts,”,

and

( e) by the addition of the following subsection:

“(8) An application under subsection (1) may be made by originating motion.”.