Economic Crime and Corporate Transparency Bill — Commons Reasons — Motion B1 (as an amendment to Motion B) — 18 Oct 2023 at 16:42
Moved by Lord Faulks
161D: After Clause 187, insert the following new Clause-“Civil recovery of proceeds of crime: costs of proceedingsCivil recovery: costs of proceedingsAfter section 316 of the Proceeds of Crime Act 2002 insert-“316A Costs orders(1) This section applies to proceedings brought by an enforcement authority under Part 5 of the Proceeds of Crime Act 2002 where the property in respect of which the proceedings have been brought has been obtained through economic crime.(2) When assessing what order to make in relation to the costs of proceedings, the court should take into account-(a) the merits of the case,(b) whether the enforcement authority acted reasonably in bringing proceedings,(c) whether costs were reasonably incurred by any party to the proceedings, and(d) the impact of any order on-(i) the enforcement authority, and its ability to carry out its enforcement functions, and(ii) any other party to the proceedings.”””
Ayes 245, Noes 209.
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