Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.

(2) In these Regulations a reference to a regulation by number alone is a reference to the regulation so numbered in the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005(3).

Amendments to the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005

2.–(1) The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 are amended as follows.

(2) In regulation 2(1) (Interpretation) after the definition of "notice" insert–

""relevant enforcement authority" means the enforcement authority(4) which is conducting the civil recovery proceedings concerned;".

(3) In regulation 5 (Condition relating to notification) for "Director" substitute "relevant enforcement authority".

(4) In regulation 8 (Request for Director´s agreement to release of interim payment)–

(a) in the title of that regulation and in paragraph (1) for "Director´s" substitute "relevant enforcement authority´s";

(b) in paragraph (1) for "the Director" substitute "that authority".

(5) In regulation 9 (Director´s response to request)–

(a) in the title of that regulation for "Director´s" substitute "Relevant enforcement authority´s";

(b) in paragraph (1) for "he" each time it occurs substitute "it";

(c) in each of paragraphs (1), (2) and (3) for "Director" substitute "relevant enforcement authority";

(d) in each of paragraphs (1) and (3) for "his" substitute "its".

(6) In regulation 10(1) (Release of interim payment) for "Director" substitute "relevant enforcement authority".

(7) In regulation 12 (Agreement of expenses by the Director)–

(a) in the title of that regulation and in paragraphs (2) and (3) for "Director" substitute "relevant enforcement authority";

(b) in paragraph (1) for "Director´s" substitute "relevant enforcement authority´s";

(c) in paragraph (2) for "his" substitute "its";

(d) in paragraph (3)(a) for "he" substitute "it".

(8) In regulation 13(1) (Expenses to be assessed if not agreed) for "Director" substitute "relevant enforcement authority".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 (S.I. 2005/3382), which make provision relating to the payment of legal expenses out of property which is the subject of civil recovery proceedings under Part 5 of the Proceeds of Crime Act 2002 or Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005. As a result of the abolition of the Assets Recovery Agency and its Director by the Serious Crime Act 2007, these Regulations replace references to the Director in the 2005 Regulations with references to the relevant enforcement authority.