Legislation – Coroners and Justice Act 2009

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Part 7Criminal memoirs etc

Limitation

171Limitation

(1)

After section 27B of the Limitation Act 1980 (c. 58) insert—

“27CActions for exploitation proceeds orders

(1)

None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

(2)

Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority’s cause of action accrued.

(3)

Proceedings under that Part for such an order are brought when an application is made for the order.

(4)

Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority’s cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

(5)

Expressions used in this section and that Part have the same meaning in this section as in that Part.”

(2)

After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

“Actions for exploitation proceeds orders72C

(1)

None of the time limits given in the preceding provisions of this Order applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

(2)

Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority’s cause of action accrued.

(3)

Proceedings under that Part for such an order are brought when an application is made for the order.

(4)

Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority’s cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

(5)

Expressions used in this Article and that Part have the same meaning in this Article as in that Part.”

(3)

After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52) insert—

“19DActions for exploitation proceeds orders

(1)

None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

(2)

Proceedings under that Part for such an order are not to be brought after the expiration of 5 years from the date on which the enforcement authority’s right of action accrued.

(3)

Proceedings under that Part for such an order are brought when an application is made for the order.

(4)

Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority’s right of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

(5)

Expressions used in this section and that Part have the same meaning in this section as in that Part.”