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[The page and line references are to HL Bill 67, the bill as first printed for the Lords.] |
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1 | Page 12, line 22, leave out “2(3)” and insert “2A” |
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2 | Page 13, leave out lines 32 to 34 |
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3 | Page 13, line 42, at end insert— |
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| “Interim prohibition orders |
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| 2A (1) | Regulations under paragraph 1 may make provision for the Secretary of |
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| State to make an interim prohibition order, pending the Secretary of |
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| State’s final decision under section 141B(2). |
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| (2) | Regulations about interim prohibition orders must provide that an |
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| interim prohibition order may be made only if the Secretary of State |
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| considers that it is necessary in the public interest to do so. |
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| (3) | Regulations about interim prohibition orders must provide that the |
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| Secretary of State must review an interim prohibition order— |
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| (a) | within six months of the order being made, and |
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| (b) | within each subsequent six month period, |
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| | if the person to whom the order relates makes an application to the |
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| Secretary of State for such a review.” |
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4 | Page 14, line 27, leave out “2(3)” and insert “2A” |
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5 | Page 20, line 9, after second “is” insert “or may be” |
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6 | Page 20, line 15, leave out “an appropriate criminal court” and insert “a |
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7 | Page 20, line 20, at end insert “, and |
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| (b) | the victim of the offence to which the allegation relates.” |
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8 | Page 20, line 21, leave out “of a magistrates’ court” |
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9 | Page 20, line 23, leave out “of a magistrates’ court” |
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10 | Page 20, line 37, leave out from “once” to end of line 38 and insert “proceedings for |
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| the offence have been instituted.” |
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11 | Page 21, line 6, at end insert— |
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| “(11A) | The restrictions in subsection (3) also cease to apply if— |
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| (a) | the person who is the subject of the allegation includes a matter in |
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| (b) | another person includes a matter in a publication with the written |
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| consent of the person who is the subject of the allegation; |
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| | and, in either case, the inclusion of the matter in the publication would |
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| otherwise be in breach of subsection (3). |
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| (11B) | Written consent is to be ignored for the purposes of subsection (11A)(b) if |
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| it is proved that any person interfered unreasonably with the peace or |
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| comfort of the person giving the consent, with intent to obtain it.” |
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12 | Page 21, leave out lines 8 to 10 |
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13 | Page 21, line 28, at end insert— |
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| “( ) | For the purposes of this section, proceedings for an offence are instituted at |
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| the earliest of the following times— |
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| (a) | when a justice of the peace issues a summons or warrant under |
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| section 1 of the Magistrates’ Courts Act 1980 in respect of the |
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| (b) | when a public prosecutor issues a written charge and requisition in |
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| (c) | when a person is charged with the offence after being taken into |
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| custody without a warrant; |
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| (d) | when a bill of indictment is preferred by virtue of section 2(2)(b) of |
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| the Administration of Justice (Miscellaneous Provisions) Act 1933.” |
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14 | Page 22, line 12, leave out “any” and insert “either” |
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15 | Page 22, leave out lines 21 to 26 |
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16 | Insert the following new Clause— |
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| (1) | Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations |
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| Regulation) is amended as set out in subsections (2) to (6). |
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| (2) | In section 151 (power to give directions), for subsection (1) substitute— |
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| “(1) | Subsection (2) applies if it appears to Ofqual that a recognised body |
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| has failed or is likely to fail to comply with a condition to which the |
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| (3) | After section 151 insert— |
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| “151A | Power to impose monetary penalties |
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| (1) | Subsection (2) applies if it appears to Ofqual that a recognised body |
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| has failed to comply with a condition to which the recognition is |
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| (2) | Ofqual may impose a monetary penalty on the recognised body. |
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| (3) | A “monetary penalty” is a requirement to pay to Ofqual a penalty |
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| of an amount determined by Ofqual in accordance with section |
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| (4) | Before imposing a monetary penalty on a recognised body, Ofqual |
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| must give notice to the body of its intention to do so. |
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| (a) | set out Ofqual’s reasons for proposing to impose the |
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| (b) | specify the period during which, and the way in which, the |
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| recognised body may make representations about the |
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| (6) | The period specified under subsection (5)(b) must not be less than |
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| 28 days beginning with the date on which the notice is received. |
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| (7) | Ofqual must have regard to any representations made by the |
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| recognised body during the period specified in the notice in |
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| deciding whether to impose a monetary penalty on the body. |
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| (8) | If Ofqual decides to impose a monetary penalty on the body, it must |
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| give the body a notice containing information as to— |
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| (a) | the grounds for imposing the penalty, |
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| (b) | how payment may be made, |
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| (c) | the period within which payment is required to be made |
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| (which must not be less than 28 days), |
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| (e) | the period within which an appeal may be made, and |
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| (f) | the consequences of non-payment. |
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| 151B | Monetary penalties: amount |
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| (1) | The amount of a monetary penalty imposed on a recognised body |
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| under section 151A must not exceed 10% of the body’s turnover. |
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| (2) | The turnover of a body for the purposes of subsection (1) is to be |
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| determined in accordance with an order made by the Secretary of |
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| (3) | Subject to subsection (1), the amount may be whatever Ofqual |
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| decides is appropriate in all the circumstances of the case. |
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| 151C | Monetary penalties: appeals |
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| (1) | A recognised body may appeal to the First-tier Tribunal against— |
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| (a) | a decision to impose a monetary penalty on the body under |
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| (b) | a decision as to the amount of the penalty. |
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| (2) | An appeal under this section may be made on the grounds— |
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| (a) | that the decision was based on an error of fact; |
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| (b) | that the decision was wrong in law; |
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| (c) | that the decision was unreasonable. |
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| (3) | The requirement to pay the penalty is suspended pending the |
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| determination of an appeal under this section. |
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| (4) | On an appeal under this section the Tribunal may— |
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| (a) | withdraw the requirement to pay the penalty; |
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| (b) | confirm that requirement; |
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| (c) | vary that requirement; |
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| (d) | take such steps as Ofqual could take in relation to the failure |
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| to comply giving rise to the decision to impose the |
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| (e) | remit the decision whether to confirm the requirement to |
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| pay the penalty, or any matter relating to that decision, to |
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| 151D | Monetary penalties: interest and recovery |
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| (1) | This section applies if all or part of a monetary penalty imposed on |
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| a recognised body is unpaid at the end of the period ending on the |
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| (2) | The applicable date is— |
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| (a) | the last date on which the recognised body may make an |
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| appeal under section 151C in respect of the penalty, if no |
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| (b) | if an appeal under section 151C in respect of the penalty is |
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| (i) | the date on which the appeal is determined, or |
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| (ii) | if the appeal is withdrawn before being determined, |
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| the date on which the appeal is withdrawn. |
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| (3) | The unpaid amount of the penalty for the time being carries interest |
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| at the rate for the time being specified in section 17 of the Judgments |
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| Act 1838 (and does not also carry interest as a judgment debt under |
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| (4) | The total amount of interest imposed under subsection (3) must not |
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| exceed the amount of the penalty. |
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| (5) | Ofqual may recover from the body, as a civil debt due to it, the |
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| unpaid amount of the penalty and any unpaid interest.” |
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| (4) | In section 152 (power to withdraw recognition), for subsection (2) |
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| “(2) | Ofqual may withdraw recognition from the recognised body in |
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| respect of the award or authentication of— |
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| (a) | a specified qualification or description of qualification in |
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| respect of which the body is recognised, or |
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| (b) | every qualification or description of qualification in respect |
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| of which the body is recognised.” |
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| (5) | After section 152 insert— |
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