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Proceeds of Crime Act 1996
F20[Consent disposal order.
4A.—(1) Where in relation to any property—
(a) an interlocutory order has been in force for a period of less than 7 years, and
(b) an application is made to the Court with the consent of all the parties concerned,
the Court may make an order (a "consent disposal order") directing that the whole or a specified part of the property be transferred to the Minister or to such other person as the Court may determine, subject to such terms and conditions as it may specify.
(2) A consent disposal order operates to deprive the respondent of his or her rights (if any) in or to the property to which the order relates and, on its being made, the property stands transferred to the Minister or that other person.
(3) The Minister—
(a) may sell or otherwise dispose of any property transferred to him or her under this section, and
(b) shall pay into or dispose of for the benefit of the Exchequer the proceeds of any such disposition as well as any moneys so transferred.
(4) Before deciding whether to make a consent disposal order, the Court shall give to any person claiming ownership of any of the property concerned an opportunity to show cause why such an order should not be made.
(5) The Court shall not make a consent disposal order if it is satisfied that there would be a serious risk of injustice if it did so.
(6) Sections 3(7) and 16 apply, with any necessary modifications, in relation to a consent disposal order as they apply in relation to an interlocutory order.
(7) This section is without prejudice to section 3(1A).]
Annotations
Amendments:
F20
Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 7, commenced on enactment.
Modifications (not altering text):
C5
Functions transferred and references to “Department of Finance” and “Minister for Finance” in section construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3(a), 5 and sch. 1 part 2, in operation as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of –
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 30 of 1996 |
Proceeds of Crime Act 1996 |
Sections 4, 4A, 16 (1)(c)(ii), 16(2) and 17 |
|
... |
... |
... |