Commentary on Sections Schedule 17: Deferred prosecution agreements Section 47: Restraint orders and legal aid: supplementary
579.Section 47 allows the Secretary of State to make regulations about the making of relevant legal aid payments from property subject to a restraint order under Part 2 of the POCA, and in connection with cases in which such payments are or may be made. Subsection (2) sets out a non-exhaustive list of the types of provision that the Secretary of State might make in regulations. The types of provisions that might be made include provision about how much property may be restrained, including provision framed by reference to the amount or estimated amount of relevant legal aid payments. They also include provision to allow a restraint order to remain in force until a relevant legal aid payment is made when the order would otherwise be discharged. Provision may also be made about powers of investigation, entry, search and seizure and about the disclosure and use of documents, information and other evidence. Provision may also be made about the use of property in cases in which there is or has been a restraint order, including about the order in which different payment obligations may or must be satisfied. Provision may also be made about the payment of compensation by the Lord Chancellor. Subsection (3) provides that regulations made under this section may amend, repeal, revoke or modify existing primary legislation and may make provision conferring or removing functions. Regulations made under this section will be subject to the affirmative resolution procedure.