House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

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(8)
In this section—

“community or youth rehabilitation order” means—

(a)
a community order under section 177 of the

Criminal Justice Act 2003,

(b)
a service community order or overseas community

order under the Armed Forces Act 2006,

(c)
a youth rehabilitation order under Part 1 of the

Criminal Justice and Immigration Act 2008, or

(d)
any order of a kind superseded (whether directly or

indirectly) by an order mentioned in paragraph (a),

(b) or (c),

“custodial sentence” means—

(a)
a sentence of imprisonment,

(b)
a sentence of detention in a young offender

institution,

(c)
a sentence of Borstal training,

(d)
a sentence of youth custody,

(e)
a sentence of corrective training,

(f)
a sentence of detention under section 91 of the

Powers of Criminal Courts (Sentencing) Act 2000 or

section 209 of the Armed Forces Act 2006,

(g)
a detention and training order under section 100 of

the Powers of Criminal Courts (Sentencing) Act 2000

or an order under section 211 of the Armed Forces

Act 2006,

(h)
any sentence of a kind superseded (whether directly

or indirectly) by a sentence mentioned in paragraph

(f) or (g),

“earlier statutory order” means—

(a)
an order under section 54 of the Children and Young

Persons Act 1933 committing the person convicted

to custody in a remand home,

(b)
an approved school order under section 57 of that

Act, or

(c)
any order of a kind superseded (whether directly or

indirectly) by an order mentioned in any of

paragraphs (c) to (e) of the definition of “relevant

order” or in paragraph (a) or (b) above,

“relevant order” means—

(a)
an order discharging a person conditionally for an

offence,

(b)
an order binding a person over to keep the peace or

be of good behaviour,

(c)
an order under section 1(2A) of the Street Offences

Act 1959,

(d)
a hospital order under Part 3 of the Mental Health

Act 1983 (with or without a restriction order),

(e)
a referral order under section 16 of the Powers of

Criminal Courts (Sentencing) Act 2000,

(f)
an earlier statutory order, or

(g)
any order which imposes a disqualification,

disability, prohibition or other penalty and is not

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otherwise dealt with in the Table or under

subsection (3),

but does not include a reparation order under section 73 of

the Powers of Criminal Courts (Sentencing) Act 2000,

“removal from Her Majesty’s service” means a sentence of

dismissal with disgrace from Her Majesty’s service, a

sentence of dismissal from Her Majesty’s service or a

sentence of cashiering or discharge with ignominy,

“sentence of imprisonment” includes a sentence of penal

servitude (and “term of imprisonment” is to be read

accordingly),

“sentence of service detention” means—

(a)
a sentence of service detention (within the meaning

given by section 374 of the Armed Forces Act 2006),

or a sentence of detention corresponding to such a

sentence, in respect of a conviction in service

disciplinary proceedings, or

(b)
any sentence of a kind superseded (whether directly

or indirectly) by a sentence mentioned in paragraph

(a).”

(5)
In section 6 (subsequent convictions to extend the rehabilitation period

applicable to a conviction)—

(a)
in subsection (5) (exception to rule for certain orders imposing

disqualifications etc.) for “in accordance with section 5(8) above”

substitute “by virtue of paragraph (g) of the definition of “relevant

order” in section 5(8) above”, and

(b)
omit subsection (6) (other exceptions to the rule).

(6)
After section 8A (protection afforded to spent cautions) insert—

“8AA
Protection afforded to spent alternatives to prosecution

(1)
The following provisions of this Act apply, with the modifications

specified in subsection (3), to a spent alternative to prosecution as

they apply to a spent caution—

(a)
section 9A (unauthorised disclosure of spent cautions), and

(b)
paragraphs 2 to 6 of Schedule 2 (protection relating to spent

cautions and ancillary circumstances).

(2)
An alternative to prosecution becomes spent for the purposes of

this Act when it becomes spent under the law of Scotland.

(3)
The modifications mentioned in subsection (1) are—

(a)
references to cautions are to be read as references to

alternatives to prosecution (and references to cautioned are

to be read accordingly),

(b)
references to the offence which was the subject of the

caution are to be read as references to the offence in respect

of which the alternative to prosecution was given,

(c)
paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to

be read as if they were—

“(e)
anything done or undergone in pursuance of the

terms of the alternative to prosecution,”,

30

(d)
references to cautions for an offence are to be read as

references to alternatives to prosecution in respect of an

offence, and

(e)
the reference in paragraph 5 of Schedule 2 to the

rehabilitation period applicable to the caution is to be read

as a reference to the time at which the alternative to

prosecution becomes spent.

(4)
In this section “alternative to prosecution” has the same meaning as

in section 8B as that section has effect in the law of Scotland but

disregarding subsection (1)(f) of that section.”

(7)
In paragraph 1 of Schedule 2 (protection for spent cautions)—

(a)
in sub-paragraph (1)(a) (when conditional cautions to be regarded

as spent cautions) for “, at the end of the relevant period for the

caution;” substitute “—

(i)
at the end of the period of three months

from the date on which the caution is

given, or

(ii)
if earlier, when the caution ceases to have

effect; and”, and

(b)
omit sub-paragraphs (2) and (3) (meaning of “the relevant period

for the caution”).”
153
Insert the following new Clause—

“No rehabilitation for certain immigration or nationality purposes

Before section 57 of the UK Borders Act 2007 (and after the italic cross-

heading before that section) insert—

“56A
No rehabilitation for certain immigration or nationality purposes

(1)
Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974

(effect of rehabilitation) do not apply—

(a)
in relation to any proceedings in respect of a relevant

immigration decision or a relevant nationality decision, or

(b)
otherwise for the purposes of, or in connection with, any

such decision.

(2)
In this section—

“immigration officer” means a person appointed by the

Secretary of State as an immigration officer under

paragraph 1 of Schedule 2 to the Immigration Act 1971,

“relevant immigration decision” means any decision, or

proposed decision, of the Secretary of State or an

immigration officer under or by virtue of the Immigration

Acts, or rules made under section 3 of the Immigration Act

1971 (immigration rules), in relation to the entitlement of a

person to enter or remain in the United Kingdom

(including, in particular, the removal of a person from the

United Kingdom, whether by deportation or otherwise),

“relevant nationality decision” means any decision, or

proposed decision, of the Secretary of State under or by

virtue of—

(a)
the British Nationality Act 1981,

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(b)
the British Nationality (Hong Kong) Act 1990, or

(c)
the Hong Kong (War Wives and Widows) Act 1996,

in relation to the good character of a person.

(3)
The references in subsection (2) to the Immigration Acts and to the

Acts listed in the definition of “relevant nationality decision”

include references to any provision made under section 2(2) of the

European Communities Act 1972, or of EU law, which relates to the

subject matter of the Act concerned.””
154
Insert the following new Clause—

“Transitional and consequential provision: Chapter 7A

(1)
Section (Establishment or alteration of rehabilitation periods) applies in relation

to convictions or (as the case may be) cautions before the commencement

date (as well as in relation to convictions or cautions on or after that date).

(2)
The Rehabilitation of Offenders Act 1974 applies in relation to convictions

or cautions before the commencement date as if the amendments and

repeals made by section (Establishment or alteration of rehabilitation periods)

had always had effect.

(3)
Where by virtue of subsection (2)—

(a)
a person would, before the commencement date, have been treated

for the purposes of the Act of 1974 as a rehabilitated person in

respect of a conviction, or

(b)
a conviction would, before that date, have been treated for the

purposes of that Act as spent,


the person or conviction concerned is (subject to any order made by virtue

of section 4(4) or 7(4) of that Act) to be so treated on and after that date.

(4)
Where by virtue of subsection (2)—

(a)
a person would, before the commencement date, have been treated

as mentioned in paragraph 3(1) of Schedule 2 to the Act of 1974 in

respect of a caution, or

(b)
a caution would, before that date, have been treated for the

purposes of that Act as spent,


the person or caution concerned is (subject to any order made by virtue of

paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on

and after that date.

(5)
But—

(a)
no person who, immediately before the commencement date—

(i)
is treated as a rehabilitated person for the purposes of the

Act of 1974 in respect of a conviction, or

(ii)
is treated as mentioned in paragraph 3(1) of Schedule 2 to

that Act in respect of a caution, and

(b)
no conviction or caution which, immediately before the

commencement date, is treated for the purposes of that Act as

spent,


is to cease to be so treated merely because of section (Establishment or

alteration of rehabilitation periods).

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(6)
Section (Establishment or alteration of rehabilitation periods) does not apply in

relation to alternatives to prosecution given before the commencement

date.

(7)
Section (No rehabilitation for certain immigration or nationality purposes)

applies in relation to convictions before the commencement date (as well as

in relation to convictions on or after that date).

(8)
Section (No rehabilitation for certain immigration or nationality purposes)

applies as mentioned in subsection (7) above whether or not, immediately

before the commencement date—

(a)
the person concerned is treated as a rehabilitated person for the

purposes of the Act of 1974 in respect of the conviction, or

(b)
the conviction is treated for the purposes of that Act as spent.

(9)
But section (No rehabilitation for certain immigration or nationality purposes)

does not affect—

(a)
any proceedings begun, but not completed, before the

commencement date,

(b)
any applications for immigration or nationality decisions made, but

not finally determined, before the commencement date, or

(c)
the validity of any proceedings, or any relevant immigration or

nationality decision (within the meaning of section 56A of the UK

Borders Act 2007) which is made, before the commencement date.

(10)
Schedule (Rehabilitation of offenders: consequential provision) (consequential

provision) has effect.

(11)
Any reference in this section to section (Establishment or alteration of

rehabilitation periods) is to be read as including a reference to Schedule

(Rehabilitation of offenders: consequential provision).

(12)
In this section “the commencement date” means such day as may be

specified by order of the Secretary of State made by statutory instrument;

and different days may be specified for different purposes.”
Clause 130
155
Page 112, line 15, at end insert—

“( )
In section 17 of the Police and Criminal Evidence Act 1984 (entry for

purpose of arrest etc)—

(a)
in subsection (1)(c), after sub-paragraph (v) insert—

“(vi)
section 130 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2012 (squatting

in a residential building);”;

(b)
in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”.

( )
In Schedule 10 to the Criminal Justice and Public Order Act 1994

(consequential amendments), omit paragraph 53(b).”
After Clause 130
156
Insert the following new Clause—

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“Scrap metal dealing: increase in penalties for existing offences

(1)
The Scrap Metal Dealers Act 1964 is amended as follows.

(2)
For the following words (which have effect as references to a fine not

exceeding level 3 on the standard scale) substitute in each case “a fine not

exceeding level 5 on the standard scale”—

(a)
in section 1(7) (dealer failing to register) the words from “a fine” to

the end;

(b)
in section 2(6) (dealer failing to record dealings) the words from “a

fine” to the end;

(c)
in section 3(4) (itinerant collector failing to keep receipts) the words

from “a fine” to the end;

(d)
in section 4(4) (convicted dealer failing to meet additional

requirements) the same words before “and the court”.

(3)
For the following words (which have effect as references to a fine not

exceeding level 1 on the standard scale) substitute in each case “a fine not

exceeding level 3 on the standard scale”—

(a)
in section 1(8) (dealer failing to give notice of cessation of business)

the words from “a fine” to the end;

(b)
in section 5(1) (dealer acquiring metal from a person under 16) the

same words before the proviso;

(c)
in section 5(2) (selling metal to a dealer under a false name or

address) the words from “a fine” to the end;

(d)
in section 6(5) (obstructing entry and inspection) the words from “a

fine” to the end.”
157
Insert the following new Clause—

“Offence of buying scrap metal for cash etc

(1)
The Scrap Metal Dealers Act 1964 is amended as follows.

(2)
After section 3 insert—

“3A
Offence of buying scrap metal for cash etc

(1)
A scrap metal dealer must not pay for scrap metal except—

(a)
by a cheque which under section 81A of the Bills of

Exchange Act 1882 is not transferable, or

(b)
by an electronic transfer of funds (authorised by credit or

debit card or otherwise).

(2)
The Secretary of State may by order amend subsection (1) to permit

other methods of payment.

(3)
In this section paying includes paying in kind (with goods or

services).

(4)
If a scrap metal dealer pays for scrap metal in breach of subsection

(1), each of the following is guilty of an offence—

(a)
the scrap metal dealer;

(b)
a person who makes the payment acting for the dealer;

(c)
a manager who fails to take reasonable steps to prevent the

payment being made in breach of subsection (1).

34

(5)
In subsection (4)(c) “manager” means a person who works in the

carrying on of the dealer’s business as a scrap metal dealer in a

capacity, whether paid or unpaid, which authorises the person to

prevent the payment being made in breach of subsection (1).

(6)
Subsection (1) does not apply if—

(a)
the payment is made in the carrying on of the dealer’s

business as a scrap metal dealer as part of the business of an

itinerant collector, and

(b)
at the time of the payment an order under section 3(1) is in

force in relation to the dealer.

(7)
A person guilty of an offence under this section is liable on

summary conviction to a fine not exceeding level 5 on the standard

scale.

(8)
An order under subsection (2) is to be made by statutory

instrument.

(9)
A statutory instrument containing an order under subsection (2)

may not be made unless a draft of the instrument has been laid

before and approved by a resolution of each House of Parliament.”

(3)
Section 2 (records of dealings) is amended as follows.

(4)
After subsection (2)(d) insert—

“(da)
where paragraph (d) applies, any part of the price that is

unpaid at the time when the entry is to be made;”.

(5)
In subsection (2)(e) for “the last preceding paragraph” substitute

“paragraph (d)”.

(6)
After subsection (4) insert—

“(4A)
If a scrap metal dealer pays at any time for scrap metal falling

within subsection (1)(a)—

(a)
the dealer must keep, with the book containing the entry

relating to receipt of the scrap metal, a copy of the cheque (if

the payment was by cheque), or any receipt identifying the

transfer (if the payment was by electronic transfer and such

a receipt was obtained), and

(b)
the particulars required by this section to be entered include

those listed in subsection (4B).

(4B)
The particulars are—

(a)
the full name and address of any person who makes the

payment acting for the dealer;

(b)
the full name and address of the person to whom the

payment is made;

(c)
in the case of an electronic transfer where no receipt

identifying the transfer was obtained, particulars

identifying the transfer.

(4C)
Anything kept by virtue of subsection (4A)(a) must be marked so as

to identify the scrap metal by reference to the entry relating to

receipt of the metal.

(4D)
An entry in pursuance of subsection (4A)(b)—

(a)
must be made immediately after the payment is made, and



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