HL Deb 22 July 2002 vol 638 cc54-5

After Clause 98, insert the following new clause—

Compensation of creditors

  1. (1)Any person who was a creditor of the defendant at the time when the confiscation order was made may, within one year of the date of the order, take an application to the court for compensation.
  2. (2)The court may require the enforcement authority to pay compensation to the applicant if it is satisfied that—
    1. (a) as a result of the making of the order the defendant is wholly or in part unable to repay the debt,
    2. (b) the debt was incurred for full consideration; and
    3. (c) at the time the debt was incurred the applicant had no reason to believe that a confiscation order could be made against the defendant."

The Commons disagreed to this amendment for the following reason: 47A Because it would involve a charge on public funds, and the Commons do not offer any further reason, trusting that this reason may be deemed sufficient.

Lord Falconer of Thoroton

My Lords, I beg to move that this House do not insist on their Amendment No. 47 to which the Commons have disagreed for their reason numbered 47A.

Moved, That the House do not insist on their Amendment No. 47 to which the Commons have disagreed for their reason numbered 47A.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.