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| |
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| | description may be treated as a referral fee if it exceeds the amount specified in |
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| | relation to services of that description in regulations made by the Lord |
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| | |
| | As Amendments to Secretary Kenneth Clarke’s proposed New Clause (Effect of the |
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| | rules against referral fees) (NC19):— |
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| Line 11, leave out subsection 5. |
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| Line 26, leave out from ‘services’ to end of paragraph (b) and insert ‘but only |
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| where the consideration was proportionate and reasonable in the |
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| To move the following Clause:— |
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| | ‘(1) | The Treasury may make regulations to enable the Financial Services Authority, |
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| | where it is the relevant regulator, to take action for monitoring and enforcing |
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| | compliance with the restrictions imposed on regulated persons by section [Rules |
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| | |
| | (2) | The regulations may apply, or make provision corresponding to, any of the |
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| | provisions of the Financial Services and Markets Act 2000 with or without |
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| | |
| | (3) | Those provisions include in particular— |
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| | (a) | provisions as to investigations, including powers of entry and search and |
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| | |
| | (b) | provisions for the grant of an injunction in relation to a contravention or |
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| | anticipated contravention. |
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| | (c) | provisions giving Ministers or the Financial Services Authority powers |
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| | to make subordinate legislation; |
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| | (d) | provisions for the Financial Services Authority to charge fees. |
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| | (4) | The regulations may make provision corresponding to the provision that may be |
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| | made by virtue of section [Effect of the rules against referral fees](7) to (9) (but |
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| | as if the reference to the Lord Chancellor were a reference to the Treasury). |
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| | (5) | The power to make regulations under this section is subject to section [Effect of |
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| | the rules against referral fees](5) and (6).’. |
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| | Regulators and regulated persons |
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| To move the following Clause:— |
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| | ‘(1) | In relation to a referral of business within section [Rules against referral |
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| | (a) | a regulator is any person listed in column 1 below; |
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| | (b) | a regulated person is any person listed in column 2; |
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| | (c) | a regulator in column 1 is the relevant regulator in relation to the |
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| | corresponding person in column 2. |
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| | | | | | the Financial Services Authority |
| an authorised person (within the meaning of |
| | | | | the Financial Services and Markets Act |
| | | | | 2000) of a description specified in |
| | | | | regulations made by the Treasury |
| | | | the Claims Management Regulator |
| a person authorised by the Regulator under |
| | | | | section 5(1)(a) of the Compensation Act |
| | | | | 2006 to provide regulated claims |
| | | | | | | | | the General Council of the Bar |
| a person authorised by the Council to carry |
| | | | | on a reserved legal activity within the |
| | | | | meaning of the Legal Services Act 2007 |
| | | | | a person authorised by the Society to carry |
| | | | | on a reserved legal activity within the |
| | | | | meaning of the Legal Services Act 2007 |
| | | | a regulatory body specified for the |
| a person of a description specified in the |
| | | | purposes of this subsection in |
| regulations in relation to the body |
| | | | regulations made by the Lord |
| | | | | | | | |
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| | (2) | In relation to a referral of prescribed legal business of any other kind— |
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| | (a) | a regulator is any person listed in column 1 below and specified in |
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| | relation to business of that kind in regulations made by the Lord |
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| | |
| | (b) | a regulated person is any person specified in accordance with column 2 |
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| | in relation to business of that kind; |
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| | (c) | a person specified under paragraph (a) in relation to business of that kind |
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| | is the relevant regulator in relation to a person specified in accordance |
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| | with the corresponding entry in column 2 in relation to business of that |
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| | |
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| |
| |
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| | | | | | the Financial Services Authority |
| an authorised person (within the meaning of |
| | | | | the Financial Services and Markets Act |
| | | | | 2000) of a description specified in |
| | | | | regulations made by the Treasury |
| | | | the Claims Management Regulator |
| a person who is authorised by the Regulator |
| | | | | under section 5(1)(a) of the Compensation |
| | | | | Act 2006 to provide regulated claims |
| | | | | management services and is of a description |
| | | | | specified in regulations made by the Lord |
| | | | | | | | | an approved regulator for the |
| a person who is authorised by the regulator |
| | | | purposes of Part 3 of the Legal |
| to carry on a reserved legal activity and is of |
| | | | Services Act 2007 (approved legal |
| a description specified in regulations made |
| | | | | | | | | a licensing authority for the |
| a person who is licensed by the authority to |
| | | | purposes of Part 5 of that Act |
| carry on a reserved legal activity and is of a |
| | | | (alternative business structures) |
| description specified in regulations made by |
| | | | | | | |
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| | Referral fees: regulations |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to any regulations under sections [Rules against referral |
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| | fees], [Effect of the rules against referral fees], [Regulation by the FSA] and |
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| | [Regulators and regulated persons]. |
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| | (2) | The regulations are to be made by statutory instrument. |
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| | (3) | The power to make the regulations includes power to make consequential, |
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| | supplementary, incidental, transitional, transitory or saving provision. |
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| | (4) | A statutory instrument containing the regulations may not be made unless a draft |
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| | of the instrument has been laid before, and approved by a resolution of, each |
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| | |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO FINES ON CONVICTION In |
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| | Removal of limit on certain fines on conviction by magistrates’ court |
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| To move the following Clause:— |
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| | ‘(1) | Where a relevant offence would, apart from this subsection, be punishable on |
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| | summary conviction by a fine or maximum fine of £5,000 or more (however |
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| | expressed), the offence is punishable on summary conviction by a fine of any |
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| | |
| | (2) | Where a relevant power could, apart from this subsection, be exercised to create |
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| | an offence punishable on summary conviction by a fine or maximum fine of |
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| | £5,000 or more (however expressed), the power may be exercised to create an |
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| | offence punishable on summary conviction by a fine of any amount. |
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| | (3) | For the purposes of this section, an offence or power is relevant if, immediately |
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| | before the commencement day, it is contained in an Act or an instrument made |
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| | under an Act (whether or not the offence or power is in force at that time). |
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| | (4) | Nothing in subsection (1) affects— |
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| | (a) | fines for offences committed before the commencement day, |
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| | (b) | fines that may be imposed on a person aged under 18, or |
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| | (c) | fines that may be imposed on a person convicted by a magistrates’ court |
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| | who is to be sentenced as if convicted on indictment, |
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| | | and nothing in subsection (2) affects a relevant power to the extent that it relates |
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| | |
| | (5) | The Secretary of State may by regulations— |
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| | (a) | make provision disapplying subsection (1) or (2), |
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| | (b) | make provision for a fine or maximum fine in relation to which |
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| | subsection (1) is disapplied to be increased instead in accordance with the |
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| | |
| | (c) | make provision for a power in relation to which subsection (2) is |
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| | disapplied to be exercisable to create an offence punishable on summary |
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| | conviction by a fine or maximum fine of a higher amount specified or |
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| | described in the regulations. |
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| | (6) | Subsection (7) applies in relation to a relevant offence that, immediately before |
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| | the commencement day, is punishable on summary conviction by a fine or |
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| | maximum fine expressed as a proportion of an amount of £5,000 or more |
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| | (however that amount is expressed). |
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| | (7) | The Secretary of State may by regulations make provision for the offence to be |
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| | punishable on summary conviction by a fine of that proportion of a higher amount |
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| | specified or described in the regulations. |
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| | (8) | Regulations under this section may not include provision affecting— |
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| | (a) | fines for offences committed before the regulations come into force, |
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| | (b) | fines that may be imposed on a person aged under 18, or |
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| | (c) | fines that may be imposed on a person convicted by a magistrates’ court |
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| | who is to be sentenced as if convicted on indictment, |
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| | | or provision affecting a relevant power to the extent that it relates to such fines. |
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| | (9) | Regulations under this section— |
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| | (a) | may make different provision for different cases or circumstances, |
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| |
| |
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| | (b) | may make provision generally or only for specified cases or |
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| | |
| | (c) | may make consequential, incidental, supplementary, transitional, |
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| | transitory or saving provision. |
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| | (10) | The power under subsection (9)(c), and the power under section 115 to make |
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| | provision in relation to this section, include power to amend, repeal, revoke or |
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| | otherwise modify any provision which, immediately before the commencement |
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| | day, is contained in an Act or an instrument made under an Act (whether or not |
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| | the provision is in force at that time). |
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| | (11) | Regulations under this section are to be made by statutory instrument. |
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| | (12) | A statutory instrument containing regulations under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament. |
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| | (13) | If, immediately before the commencement day, the sum specified as level 5 on |
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| | the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard |
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| | scale of fines for summary offences) is greater than £5,000, the references in this |
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| | section to £5,000 have effect as if they were references to that sum. |
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| | (14) | For the purposes of this section, an offence is relevant whether it is a summary |
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| | offence or an offence triable either way. |
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| | |
| | “the commencement day” means the day on which subsection (1) of this |
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| | section comes into force; |
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| | “Act” includes an Act or Measure of the National Assembly for Wales.’. |
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| |
| | Power to increase certain other fines on conviction by magistrates’ court |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Subsection (2) applies in relation to a relevant offence which, immediately before |
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| | the commencement day, is punishable on summary conviction by a fine or |
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| | maximum fine of a fixed amount of less than £5,000. |
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| | (2) | The Secretary of State may by regulations make provision for the offence to be |
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| | punishable on summary conviction by a fine or maximum fine of a higher amount |
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| | specified or described in the regulations. |
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| | (3) | Subsection (4) applies in relation to a relevant power which, immediately before |
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| | the commencement day, can be exercised to create an offence punishable on |
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| | summary conviction by a fine or maximum fine of a fixed amount of less than |
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| | £5,000 but not to create an offence so punishable by a fine or maximum fine of a |
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| | fixed amount of £5,000 or more. |
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| | (4) | The Secretary of State may by regulations make provision for the power to be |
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| | exercisable to create an offence punishable on summary conviction by a fine or |
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| | maximum fine of a higher amount specified or described in the regulations. |
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| | (5) | Regulations under this section may not specify or describe an amount exceeding |
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| | whichever is the greater of— |
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| | |
| | (b) | the sum specified for the time being as level 4 on the standard scale. |
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| | (6) | Regulations under this section may not include provision affecting— |
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| |
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| | (a) | fines for offences committed before the regulations come into force, |
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| | (b) | fines that may be imposed on a person aged under 18, or |
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| | (c) | fines that may be imposed on a person convicted by a magistrates’ court |
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| | who is to be sentenced as if convicted on indictment, |
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| | | or provision affecting a relevant power to the extent that it relates to such fines. |
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| | (7) | Regulations under this section— |
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| | (a) | may make different provision for different cases or circumstances, |
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| | (b) | may make provision generally or only for specified cases or |
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| | |
| | (c) | may make consequential, incidental, supplementary, transitional, |
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| | transitory or saving provision. |
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| | (8) | The power under subsection (7)(c) includes power to amend, repeal, revoke or |
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| | otherwise modify any provision which, immediately before the commencement |
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| | day, is contained in an Act or an instrument made under an Act (whether or not |
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| | the provision is in force at that time). |
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| | (9) | Regulations under this section are to be made by statutory instrument. |
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| | (10) | A statutory instrument containing regulations under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament. |
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| | (11) | If, immediately before the commencement day, the sum specified as level 5 on |
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| | the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard |
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| | scale of fines for summary offences) is greater than £5,000, the references in this |
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| | section to £5,000 have effect as if they were references to that sum. |
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| | (12) | In this section “Act”, “the commencement day”, “relevant offence” and “relevant |
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| | power” have the same meaning as in section [Removal of limit on certain fines on |
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| | conviction by magistrates’ court].’. |
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| |
| | Power to amend standard scale of fines for summary offences |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order substitute higher sums for the sums for the |
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| | time being specified as levels 1 to 4 on the standard scale in section 37(2) of the |
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| | Criminal Justice Act 1982 (standard scale of fines for summary offences). |
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| | (2) | The power under subsection (1) may not be exercised so as to alter the ratio of |
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| | one of those levels to another. |
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| | (3) | In section 143 of the Magistrates’ Courts Act 1980 (power to alter sums including |
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| | standard scale of fines for summary offences), in subsection (3)(b), after |
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| | “subsection (1) above” insert “or section [Power to amend standard scale of fines |
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| | for summary offences] of the Legal Aid, Sentencing and Punishment of Offenders |
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| | |
| | (4) | In section 37 of the Criminal Justice Act 1982 (standard scale of fines for |
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| | summary offences), in subsection (3), at the end insert “or section [Power to |
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| | amend standard scale of fines for summary offences] of the Legal Aid, Sentencing |
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| | and Punishment of Offenders Act 2011”. |
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| | (5) | An order under this section is to be made by statutory instrument. |
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| |
| |
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| | (6) | A statutory instrument containing an order under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament. |
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| | (7) | An order under this section does not affect fines for offences committed before |
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| | the order comes into force.’. |
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| |
| NEW CLAUSES AND NEW SCHEDULES RELATING TO SECTION 76 OF THE CRIMINAL |
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| JUSTICE AND IMMIGRATION ACT 2008 |
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| | Reasonable force for the purposes of self-defence etc |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force |
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| | for the purposes of self-defence etc) is amended as follows. |
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| | (2) | In subsection (2) after paragraph (a) omit “and” and insert— |
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| | “(aa) | the common law defence of defence of property; and”. |
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| | (3) | After subsection (6) insert— |
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| | “(6A) | In deciding the question mentioned in subsection (3), a possibility that D |
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| | could have retreated is to be considered (so far as relevant) as a factor to |
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| | be taken into account, rather than as giving rise to a duty to retreat.” |
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| | (4) | In subsection (8) for “Subsection (7) is” substitute “Subsections (6A) and (7) |
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| | |
| | (5) | In subsection (10)(a) after sub-paragraph (i) omit “or” and insert— |
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| | “(ia) | the purpose of defence of property under the common |
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| | |
| |
| NEW CLAUSES AND NEW SCHEDULES RELATING TO SQUATTING |
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| | Offence of squatting in a residential building |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A person commits an offence if— |
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| | (a) | the person is in a residential building as a trespasser having entered it as |
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| | |
| | (b) | the person knows or ought to know that he or she is a trespasser, and |
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5 | | (c) | the person is living in the building or intends to live there for any period. |
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| | (2) | The offence is not committed by a person holding over after the end of a lease or |
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| | licence (even if the person leaves and re-enters the building). |
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| | (3) | For the purposes of this section— |
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|