House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

3535

House of Commons

Notices of Amendments

given on

Thursday 20 October 2011

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

3513-18, 3523-26 and 3531-34

Consideration of Bill

Legal Aid, Sentencing and Punishment of Offenders Bill, As

Amended

Caroline Lucas

Bridget Phillipson

23

Page  103  [Schedule  1],  leave out lines 35 to 38 and insert—

‘“abuse” means any incident of threatening behaviour, violence or abuse

(psychological, physical, sexual, financial or emotional) between adults

who are or have been intimate partners or family members, regardless of

gender or sexuality.’.

Caroline Lucas

Bridget Phillipson

24

Page  103,  line  33  [Schedule  1],  at end insert—

  ‘(8A)
For the purposes of this paragraph, it shall not be a barrier to the receipt of civil

legal services that A is subject to investigations in relation to A’s rights to enter

and remain in the United Kingdom under the immigration laws as defined in

section 33 of the Immigration Act 1971.’.

Northern Ireland: information about financial resources

Secretary Kenneth Clarke

NC9

To move the following Clause:—

‘Schedule [Northern Ireland: information about financial resources] (Northern

Ireland: information about financial resources) has effect.’.

Secretary Kenneth Clarke

25

Page  28,  line  18  [Clause  38],  leave out ‘modify’ and insert ‘amend or repeal a

Notices of Amendments: 20 October 2011
3536

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

provision of’.

Secretary Kenneth Clarke

26

Page  28,  line  35  [Clause  39],  after ‘regulations’ insert ‘(except in Schedule

[Northern Ireland: information about financial resources])’.

Secretary Kenneth Clarke

27

Page  28,  line  37  [Clause  39],  at end insert ‘(except in Schedule [Northern Ireland:

information about financial resources])’.

Secretary Kenneth Clarke

28

Page  86,  line  5  [Clause  104],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

29

Page  86,  line  25  [Clause  104],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

30

Page  86,  line  30  [Clause  104],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

31

Page  86  [Clause  104],  leave out lines 41 and 42.

Secretary Kenneth Clarke

32

Page  87,  line  12  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

33

Page  87,  line  27  [Clause  105],  after ‘6B’ insert ‘, 6BA’.

Secretary Kenneth Clarke

34

Page  87,  line  30  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

35

Page  87,  line  33  [Clause  105],  leave out ‘transported’ and insert ‘taken’.

Secretary Kenneth Clarke

36

Page  87,  line  33  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Notices of Amendments: 20 October 2011
3537

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Secretary Kenneth Clarke

37

Page  87,  line  37  [Clause  105],  at end insert—

‘(a)
the Scottish Ministers, in a case where it is proposed that the person who

is the subject of a request under subsection (1)(b) will, whilst in transit—

(i)
be present only in Scotland, or

(ii)
arrive in Scotland before being taken to another part of Great

Britain;’.

Secretary Kenneth Clarke

38

Page  87  [Clause  105],  leave out lines 38 to 41.

Secretary Kenneth Clarke

39

Page  87  [Clause  105],  leave out lines 43 and 44.

Secretary Kenneth Clarke

40

Page  87,  line  45  [Clause  105],  leave out ‘section 6B’ and insert ‘sections 6B and

6BA’.

Secretary Kenneth Clarke

41

Page  88,  line  1  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

42

Page  88,  line  2  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

43

Page  88,  line  13  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

44

Page  88,  line  17  [Clause  105],  at end insert—

‘(5A)
A constable may search a person who is the subject of a transit order, and any item

in the possession of that person, for any item which that person might use—

(a)
to cause physical injury to that person or to any other person; or

(b)
to assist that person to escape from detention.

(5B)
The power conferred by subsection (5A) does not authorise a constable to require

a person to remove any clothing other than an outer coat, jacket, headgear or

gloves.

(5C)
The power conferred by subsection (5A) includes power to use reasonable force

where necessary.

(5D)
A constable searching a person in the exercise of the power conferred by

subsection (5A) may seize any item found if the constable has reasonable grounds

for believing that the person searched might use the item —

Notices of Amendments: 20 October 2011
3538

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(a)
to cause physical injury to that person or to any other person; or

(b)
to assist that person to escape from detention.

(5E)
Any item seized from a person under subsection (5D) may be retained while that

person is in transit.’.

Secretary Kenneth Clarke

45

Page  88  [Clause  105],  leave out lines 18 to 22 insert—

‘(6)
In this section “constable” means—

(a)
any person who is a constable in any part of Great Britain or who has,

under any enactment (including subsection (4) above), the powers of a

constable in any part of Great Britain, or

(b)
any person who is a prison officer within the meaning of section 117(1)

of the Criminal Justice and Public Order Act 1994.

(7)
A person who is a constable by virtue of subsection (6)(a) has, for the purposes

of section 6A, this section and section 6BA, all the powers, authority, protection

and privileges of a constable in any part of Great Britain in which a person who

is the subject of a transit order is for the time being.’.

Secretary Kenneth Clarke

46

Page  88,  line  22  [Clause  105],  at end insert—

‘6BA
Transit through different parts of Great Britain

(1)
Where the Scottish Ministers issue a transit order and it is proposed that the

person who is the subject of the order will be taken to a part of Great Britain other

than Scotland whilst in transit, they must notify the Secretary of State.

(2)
The Scottish Ministers need not notify the Secretary of State where the Secretary

of State has agreed in writing to the transit order.

(3)
Unless the Secretary of State agrees in writing to the transit order, that order

authorises the detention of the person subject to it in Scotland only.

(4)
But where the person escapes or is unlawfully at large, the order also authorises—

(a)
the arrest of the person under section 6B(5) in a part of Great Britain other

than Scotland, and

(b)
the detention of the person in that part by a constable (within the meaning

of that section) for the purpose of taking the person to Scotland.

(5)
Where the Secretary of State issues a transit order and it is proposed that the

person who is the subject of the order will be taken to Scotland whilst in transit,

the Secretary of State must notify the Scottish Ministers.

(6)
The Secretary of State need not notify the Scottish Ministers where the Scottish

Ministers have agreed in writing to the transit order.

(7)
Unless the Scottish Ministers agree in writing to the transit order, that order

authorises the detention of the person subject to it only in a part of Great Britain

other than Scotland.

(8)
But where the person escapes or is unlawfully at large, the order also authorises—

(a)
the arrest of the person under section 6B(5) in Scotland, and

(b)
the detention of the person in Scotland by a constable (within the

meaning of that section) for the purpose of taking the person to a part of

Great Britain other than Scotland.’.

Notices of Amendments: 20 October 2011
3539

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Secretary Kenneth Clarke

47

Page  88,  line  34  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

48

Page  88,  line  37  [Clause  105],  leave out ‘the relevant area’ and insert ‘Great

Britain’.

Secretary Kenneth Clarke

49

Page  88,  line  38  [Clause  105],  at end insert—

‘(3)
In this section “constable” means any person who is a constable in any part of

Great Britain or who has, under any enactment (including section 6B(4) above),

the powers of a constable in any part of Great Britain.

(4)
A person who is a constable by virtue of subsection (3) has for the purposes of

this section all the powers, authority, protection and privileges of a constable in

the part of Great Britain in which the person mentioned in subsection (2) is for

the time being.’.

Secretary Kenneth Clarke

50

Page  88,  line  38  [Clause  105],  at end insert—

‘( )
In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement

and extent)—

(a)
at the beginning of subsection (3) insert “Subject to subsection (3A),”,

and

(b)
after that subsection insert—

“(3A)
Sections 3A and 6A to 6C extend to England and Wales and

Scotland only.”’.

Secretary Kenneth Clarke

51

Page  97,  line  13  [Clause  118],  leave out ‘Section 114 extends’ and insert ‘The

following provisions extend’.

Secretary Kenneth Clarke

52

Page  97,  line  13  [Clause  118],  at end insert ‘—

(a)
sections 104 and 105, and

(b)
section 114.’.

Secretary Kenneth Clarke

53

Page  97,  line  17  [Clause  118],  leave out from ‘32,’ to end of line 18.

Secretary Kenneth Clarke

54

Page  97,  line  17  [Clause  118],  after ‘32,’ insert—

‘( )
section [Northern Ireland: information about financial resources] and

Schedule [Northern Ireland: information about financial resources],

Notices of Amendments: 20 October 2011
3540

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

( )
sections 38 to 40,’.

Secretary Kenneth Clarke

NS3

To move the following Schedule:—

‘Northern Ireland: information about financial resources

Obtaining information

1    (1)
The relevant authority may make an information request to—

(a)
the Secretary of State,

(b)
a relevant Northern Ireland Department, or

(c)
the Commissioners for Her Majesty’s Revenue and Customs (“the

Commissioners”).

      (2)
An information request may be made under this paragraph only for the

purposes of facilitating a determination about an individual’s financial

resources for the purposes of —

(a)
the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

(S.I. 1981/228 (N.I. 8)), or

(b)
the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435)

(N.I. 10)).

      (3)
An information request made to the Secretary of State or a relevant Northern

Ireland Department under this paragraph may request the disclosure of some

or all of the following information—

(a)
a relevant individual’s full name and any previous names;

(b)
a relevant individual’s address and any previous addresses;

(c)
a relevant individual’s date of birth;

(d)
a relevant individual’s national insurance number;

(e)
a relevant individual’s benefit status at a time specified in the request;

(f)
information of a prescribed description.

      (4)
An information request made to the Commissioners under this paragraph may

request the disclosure of some or all of the following information—

(a)
whether or not a relevant individual is employed or was employed at

a time specified in the request;

(b)
the name and address of the employer;

(c)
whether or not a relevant individual is carrying on a business, trade or

profession or was doing so at a time specified in the request;

(d)
the name under which it is or was carried on;

(e)
the address of any premises used for the purposes of carrying it on;

(f)
a relevant individual’s national insurance number;

(g)
a relevant individual’s benefit status at a time specified in the request;

(h)
information of a prescribed description.

      (5)
The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h)

includes, in particular, information relating to—

(a)
prescribed income of a relevant individual for a prescribed period, and

(b)
prescribed capital of a relevant individual.

      (6)
Information may not be prescribed under sub-paragraph (4)(h) without the

Commissioners’ consent.

Notices of Amendments: 20 October 2011
3541

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (7)
The Secretary of State, the relevant Northern Ireland Departments and the

Commissioners may disclose to the relevant authority information specified in

an information request made under this paragraph.

      (8)
In this paragraph—

“benefit status”, in relation to an individual, means whether or not the

individual is in receipt of a prescribed benefit or benefits and, if so—

(a)
which benefit or benefits the individual is receiving,

(b)
whether the individual is entitled to the benefit or benefits alone

or jointly,

(c)
in prescribed cases, the amount the individual is receiving by

way of the benefit (or each of the benefits) (“the benefit

amount”), and

(d)
in prescribed cases, where the benefit consists of a number of

elements, what those elements are and the amount included in

respect of each element in calculating the benefit amount;

“financial resources”, in relation to an individual, includes an individual’s

means, disposable income and disposable capital;

“the relevant authority” means—

(a)
a prescribed person, or

(b)
in relation to circumstances for which no person is prescribed,

the chief executive of the Northern Ireland Legal Services

Commission;

“a relevant individual”, in relation to an information request under this

paragraph for the purposes of a determination about an individual’s

financial resources, means—

(a)
that individual, and

(b)
any other individual whose financial resources are or may be

relevant for the purposes of the determination;

“relevant Northern Ireland Department” means the Department for Social

Development in Northern Ireland or the Department of Finance and

Personnel in Northern Ireland.

Restrictions on disclosing information

2    (1)
A person to whom information is disclosed under paragraph 1 of this Schedule

or this sub-paragraph may disclose the information to any person to whom its

disclosure is necessary or expedient in connection with facilitating a

determination described in paragraph 1(2).

      (2)
A person to whom such information is disclosed must not—

(a)
disclose the information other than in accordance with sub-paragraph

(1), or

(b)
use the information other than for the purpose of facilitating a

determination described in paragraph 1(2).

      (3)
Sub-paragraph (2) does not prevent—

(a)
the disclosure of information in accordance with an enactment or an

order of a court,

(b)
the disclosure of information for the purposes of the investigation or

prosecution of an offence (or suspected offence) under the law of

England and Wales or Northern Ireland or any other jurisdiction,

except as otherwise prescribed,

(c)
the disclosure of information for the purposes of instituting, or

otherwise for the purposes of, proceedings before a court, or



© Parliamentary copyright	Revised 21 October 2011