House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

3331

House of Commons

Notices of Amendments

given on

Wednesday 14 September 2011

For other Amendment(s) see the following page(s) of Supplement to Votes:

2205-09, 2571 and 3329

Consideration of Bill

Protection of Freedoms Bill

Tax in connection with transfer schemes

Secretary Theresa May

NC12

To move the following Clause:—

‘(1)
The Treasury may by order make provision varying the way in which a relevant

tax has effect in relation to—

(a)
anything transferred under a transfer scheme, or

(b)
anything done for the purposes of, or in relation to, a transfer under a

transfer scheme.

(2)
The provision which may be made under subsection (1)(a) includes, in particular,

provision for—

(a)
a tax provision not to apply, or to apply with modifications, in relation to

anything transferred,

(b)
anything transferred to be treated in a specified way for the purposes of a

tax provision,

(c)
the Secretary of State to be required or permitted to determine, or specify

the method for determining, anything which needs to be determined for

the purposes of any tax provision so far as relating to anything

transferred.

(3)
The provision which may be made under subsection (1)(b) includes, in particular,

provision for—

(a)
a tax provision not to apply, or to apply with modifications, in relation to

anything done for the purposes of, or in relation to, the transfer,

(b)
anything done for the purposes of, or in relation to, the transfer to have or

not have a specified consequence or be treated in a specified way,

(c)
the Secretary of State to be required or permitted to determine, or specify

the method for determining, anything which needs to be determined for

the purposes of any tax provision so far as relating to anything done for

the purposes of, or in relation to, the transfer.

Notices of Amendments: 14 September 2011
3332

Protection of Freedoms Bill, continued

(4)
The power to make an order under this section—

(a)
is exercisable by statutory instrument,

(b)
includes power to make consequential, supplementary, incidental,

transitional, transitory or saving provision,

(c)
may, in particular, be exercised by amending, repealing, revoking or

otherwise modifying any provision made by or under an enactment

(whenever passed or made).

(5)
A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of the House of Commons.

(6)
In this section—

“enactment” includes an Act of the Scottish Parliament, a Measure or Act

of the National Assembly for Wales and Northern Ireland legislation,

“relevant tax” means income tax, corporation tax, capital gains tax, stamp

duty, stamp duty reserve tax or stamp duty land tax,

“tax provision” means any provision—

(a)
about a relevant tax, and

(b)
made by or under an enactment,

“transfer scheme” means a transfer scheme under section 87,


and references to the transfer of property include the grant of a lease.’.

Secretary Theresa May

1

Page  3,  line  44  [Clause  3],  leave out ‘any prescribed circumstances apply’ and

insert ‘the Commissioner for the Retention and Use of Biometric Material has consented

under section 63FA to the retention of the material’.

Secretary Theresa May

2

Page  4  [Clause  3],  leave out lines 24 to 31.

Secretary Theresa May

3

Page  4  [Clause  3],  leave out lines 43 and 44.

Secretary Theresa May

4

Page  5  [Clause  3],  leave out lines 6 to 11.

Secretary Theresa May

5

Page  5,  line  11  [Clause  3],  at end insert—



‘63FA
Retention of section 63D material by virtue of section 63F(5): consent

of Commissioner

(1)
The responsible chief officer of police may apply under subsection (2) or

(3) to the Commissioner for the Retention and Use of Biometric Material

for consent to the retention of section 63D material which falls within

section 63F(5)(a) and (b).

Notices of Amendments: 14 September 2011
3333

Protection of Freedoms Bill, continued

(2)
The responsible chief officer of police may make an application under

this subsection if the responsible chief officer of police considers that the

material was taken (or, in the case of a DNA profile, derived from a

sample taken) in connection with the investigation of an offence where

any alleged victim of the offence was, at the time of the offence—

(a)
under the age of 18,

(b)
a vulnerable adult, or

(c)
associated with the person to whom the material relates.

(3)
The responsible chief officer of police may make an application under

this subsection if the responsible chief officer of police considers that—

(a)
the material is not material to which subsection (2) relates, but

(b)
the retention of the material is necessary to assist in the

prevention or detection of crime.

(4)
The Commissioner may, on an application under this section, consent to

the retention of material to which the application relates if the

Commissioner considers that it is appropriate to retain the material.

(5)
But where notice is given under subsection (6) in relation to the

application, the Commissioner must, before deciding whether or not to

give consent, consider any representations by the person to whom the

material relates which are made within the period of 28 days beginning

with the day on which the notice is given.

(6)
The responsible chief officer of police must give to the person to whom

the material relates notice of—

(a)
an application under this section, and

(b)
the right to make representations.

(7)
A notice under subsection (6) may, in particular, be given to a person

by—

(a)
leaving it at the person’s usual or last known address (whether

residential or otherwise),

(b)
sending it to the person by post at that address, or

(c)
sending it to the person by email or other electronic means.

(8)
The requirement in subsection (6) does not apply if the whereabouts of

the person to whom the material relates is not known and cannot, after

reasonable inquiry, be ascertained by the responsible chief officer of

police.

(9)
An application or notice under this section must be in writing.

(10)
In this section—

“victim” includes intended victim,

“vulnerable adult” has the meaning given by section 60(1) of the

Safeguarding Vulnerable Groups Act 2006,


and the reference in subsection (2)(c) to a person being associated with

another person is to be read in accordance with section 62(3) to (7) of the

Family Law Act 1996.’.

Secretary Theresa May

6

Page  7,  line  33  [Clause  8],  after ‘2001’ insert ‘and in respect of whom no

proceedings are brought for the offence to which the notice relates’.

Notices of Amendments: 14 September 2011
3334

Protection of Freedoms Bill, continued

Secretary Theresa May

7

Page  11,  line  43  [Clause  17],  at end insert—

‘(2A)
Sections 63D to 63P, 63R and 63S do not apply to material which is, or may

become, disclosable under—

(a)
the Criminal Procedure and Investigations Act 1996, or

(b)
a code of practice prepared under section 23 of that Act and in operation

by virtue of an order under section 25 of that Act.

(2B)
Sections 63D to 63S do not apply to material which—

(a)
is taken from a person, but

(b)
relates to another person.’.

Secretary Theresa May

8

Page  13,  line  28  [Clause  20],  leave out ‘sections 21 and 22’ and insert ‘section 21’.

Secretary Theresa May

9

Page  13,  line  38  [Clause  20],  at end insert—

‘(iiia)
paragraph 11 of Schedule 6 to the Terrorism Prevention and

Investigation Measures Act 2011 (paragraph 6 material retained

for purposes of national security),’.

Secretary Theresa May

10

Page  14,  line  10  [Clause  20],  after ‘functions’ insert ‘under subsection (2)’.

Secretary Theresa May

11

Page  14,  line  17  [Clause  20],  at end insert—

‘(5A)
The Commissioner also has the function of keeping under review—

(a)
the retention and use in accordance with sections 63A and 63D to 63S of

the Police and Criminal Evidence Act 1984 of—

(i)
any material to which section 63D or 63Q of that Act applies

(fingerprints, DNA profiles and samples), and

(ii)
any copies of any material to which section 63D of that Act

applies (fingerprints and DNA profiles),

(b)
the retention and use in accordance with paragraphs 20A to 20I of

Schedule 8 to the Terrorism Act 2000 of—

(i)
any material to which paragraph 20A or 20G of that Schedule

applies (fingerprints, relevant physical data, DNA profiles and

samples), and

(ii)
any copies of any material to which paragraph 20A of that

Schedule applies (fingerprints, relevant physical data and DNA

profiles),

(c)
the retention and use in accordance with sections 18 to 18E of the

Counter-Terrorism Act 2008 of—

(i)
any material to which section 18 of that Act applies (fingerprints,

DNA samples and DNA profiles), and

(ii)
any copies of fingerprints or DNA profiles to which section 18

of that Act applies,

Notices of Amendments: 14 September 2011
3335

Protection of Freedoms Bill, continued

(d)
the retention and use in accordance with paragraphs 5 to 14 of Schedule

6 to the Terrorism Prevention and Investigation Measures Act 2011 of—

(i)
any material to which paragraph 6 or 12 of that Schedule applies

(fingerprints, relevant physical data, DNA profiles and samples),

and

(ii)
any copies of any material to which paragraph 6 of that Schedule

applies (fingerprints, relevant physical data and DNA profiles).

(5B)
But subsection (5A) does not apply so far as the retention or use of the material

falls to be reviewed by virtue of subsection (2).

(5C)
In relation to Scotland—

(a)
the reference in subsection (5A)(b) to use of material, or copies of

material, in accordance with paragraphs 20A to 20I of Schedule 8 to the

Terrorism Act 2000 includes a reference to use of material, or copies of

material, in accordance with section 19C(2)(c) and (d) of the Criminal

Procedure (Scotland) Act 1995, and

(b)
the reference in subsection (5A)(d) to use of material, or copies of

material, in accordance with paragraphs 5 to 14 of Schedule 6 to the

Terrorism Prevention and Investigation Measures Act 2011 is to be read

as a reference to use only for a purpose mentioned in paragraph 13(1)(a)

or (b) of that Schedule to that Act.

(5D)
The Commissioner also has functions under sections 63F(5)(c) and 63FA (giving

of consent in relation to the retention of certain section 63D material).’.

Secretary Theresa May

12

Page  14,  line  36  [Clause  21],  leave out ‘carrying out of those’ and insert

“Commissioner’s’.

Secretary Theresa May

13

Page  14,  line  39  [Clause  21],  leave out from ‘the’ to end of line 40 and insert

‘Commissioner’s functions.’.

Secretary Theresa May

14

Page  15,  line  14  [Clause  22],  after ‘Commissioner’ insert ‘for the Retention and

Use of Biometric Material’.

Secretary Theresa May

15

Page  16,  line  12  [Clause  24],  leave out ‘this section’ and insert ‘subsection (2).

(3A)
The National DNA Database Strategy Board may issue guidance about the

circumstances in which applications may be made to the Commissioner for the

Retention and Use of Biometric Material under section 63FA.

(3B)
Before issuing any such guidance, the National DNA Database Strategy Board

must consult the Commissioner for the Retention and Use of Biometric

Material.’.

Secretary Theresa May

16

Page  18,  line  32  [Clause  28],  leave out ‘and (3)’ and insert ‘to (3A)’.

Notices of Amendments: 14 September 2011
3336

Protection of Freedoms Bill, continued

Secretary Theresa May

17

Page  19,  line  15  [Clause  28],  leave out ‘identify’ and insert ‘establish or verify the

identity of’.

Secretary Theresa May

18

Page  19,  line  16  [Clause  28],  leave out from ‘obtained’ to end of line and insert ‘or

recorded with the intention that it be used for the purposes of a biometric recognition

system.’

Secretary Theresa May

19

Page  19,  line  22  [Clause  28],  at end insert—

‘(3A)
In subsection (2) “biometric recognition system” means a system which, by

means of equipment operating automatically—

(a)
obtains or records information about a person’s physical or behavioural

characteristics or features, and

(b)
compares the information with stored information that has previously

been so obtained or recorded, or otherwise processes the information, for

the purpose of establishing or verifying the identity of the person, or

otherwise determining whether the person is recognised by the system.’.

Secretary Theresa May

20

Page  21,  line  1  [Clause  29],  leave out ‘of objects or events’.

Secretary Theresa May

21

Page  38  [Clause  54],  leave out lines 14 to 18 and insert—

‘(3)
But, where the restriction of the movement of the vehicle is by means of a fixed

barrier and the barrier was present (whether or not lowered into place or otherwise

restricting movement) when the vehicle was parked, any express or implied

consent (whether or not legally binding) of the driver of the vehicle to the

restriction is, for the purposes of subsection (1), lawful authority for the

restriction.’.

Secretary Theresa May

22

Page  64,  line  16  [Clause  76],  at end insert—

‘(6)
After paragraph 5 of Schedule 4 to that Act (regulated activity relating to

children) insert—

“Guidance

5A  (1)
The Secretary of State must give guidance for the purpose of assisting

regulated activity providers and personnel suppliers in deciding

whether supervision is of such a kind that, as a result of paragraph

1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be

engaging in regulated activity relating to children.

      (2)
Before giving guidance under this paragraph, the Secretary of State

must consult the Welsh Ministers.

Notices of Amendments: 14 September 2011
3337

Protection of Freedoms Bill, continued

      (3)
The Secretary of State must publish guidance given under this

paragraph.

      (4)
A regulated activity provider or a personnel supplier must, in

exercising any functions under this Act, have regard to guidance for

the time being given under this paragraph.”’.

Secretary Theresa May

23

Page  70,  line  43  [Clause  87],  leave out from beginning to end of line 2 on page 71

and insert—

‘(7)
For the purposes of this section—

(a)
references to rights and liabilities of ISA include references to rights and

liabilities of ISA relating to a contract of employment, and

(b)
references to rights and liabilities of the Secretary of State include

references to rights and liabilities of the Crown relating to the terms of

employment of individuals in the civil service.

(7A)
Accordingly, a transfer scheme may, in particular, provide—

(a)
for an employee of ISA or (as the case may be) an individual employed

in the civil service to become an employee of DBS,

(b)
for the individual’s contract of employment with ISA or (as the case may

be) terms of employment in the civil service to have effect (subject to any

necessary modifications) as the terms of the individual’s contract of

employment with DBS,

(c)
for the transfer to DBS of rights and liabilities of ISA or (as the case may

be) the Crown under or in connection with the individual’s terms of

employment.’.

Secretary Theresa May

24

Page  71  [Clause  87],  leave out lines 8 and 9.

Secretary Theresa May

25

Page  77,  line  22  [Clause  97],  at end insert—

‘(7)
For the purposes of subsections (5) and (6) an attempt to commit an offence

includes conduct which—

(a)
consisted of frequenting with intent to commit the offence any river,

canal, street, highway, place of public resort or other location mentioned

in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection

with frequenting by suspected persons or reputed thiefs, and

(b)
was itself an offence under that section.’.

Secretary Theresa May

26

Page  78,  line  35  [Clause  98],  at end insert—

‘(2A)
The public authority may exercise any power that it has by virtue of regulations

under section 11B to charge a fee in connection with making the relevant

copyright work available for re-use in accordance with subsection (2).

(2B)
Nothing in this section or section 11B prevents a public authority which is subject

to a duty under subsection (2) from exercising any power that it has by or under

an enactment other than this Act to charge a fee in connection with making the

relevant copyright work available for re-use.



© Parliamentary copyright	Revised 15 September 2011