Commentary on Clauses Section 49: Transfer of property &c.: Prosecutions Office
278.Subsection (1) allows for the making of a scheme by the Treasury identifying the property, rights and liabilities which are to transfer to the Director of Revenue and Customs Prosecutions on the creation of his office rather than transfer to the Commissioners for HMRC.
279.Subsection (2) sets out the timing of the effect of the scheme set out in subsection (1). Where the scheme identifies property, rights and liabilities which should be excluded from the provisions of section 48, it comes into force at the same time as section 48. Where the scheme transfers property, rights and liabilities to the Director RCPO, it comes into force at the same time as section 35 (which sets out the functions of the Director).
280.Subsection (3) provides that the above scheme may apply to and / or modify section 48 and may require, if appropriate, that the ownership and use of such property, rights and liabilities be shared between the Director and the Commissioners.
281.Subsection (4) provides that the Treasury may require the Commissioners for HMRC to transfer such property, rights and liabilities to the Director and the Commissioners must comply with any such requirement.
282.Subsection (5) modifies specified subsections of section 48 to incorporate a reference to the Director RCPO. An effect of this modification is that any criminal legal proceedings (including associated proceedings for the restraint and confiscation of assets) instituted, or being conducted, by or on behalf of the Commissioners or officers of HM Customs and Excise or Inland Revenue immediately prior to the commencement of section 5 are continued by the Director.