Proceeds of Crime (Amendment) Act 2005

New section 4A in Principal Act.


7.—The Principal Act is hereby amended by the insertion of the following section after section 4:

“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).”.