Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
22

(i)
by Her Majesty’s Revenue and Customs, or
(ii)
by a person providing services to the
Commissioners for Her Majesty’s Revenue
and Customs in connection with the provision
of those services,
5
or information which is held with information so held;
“social security information” means information which is held
for the purposes of functions relating to social security—
(a)
by the Secretary of State or a Northern Ireland
Department, or
10
(b)
by a person providing services to the Secretary of
State, or a Northern Ireland Department, in
connection with the provision of those services,
or information which is held with information so held.
     (2A)
The reference in sub-paragraph (2) to functions relating to social
15
security includes a reference to functions relating to any of the
matters listed in section 127(8) of the Welfare Reform Act 2012
(statutory payments and maternity allowances).
      (3)
In this paragraph “relevant person” means a person who is
appointed by the Lord Chancellor under section 2(1) or provided
20
under a contract made by virtue of section 2(4).”
(6)
In paragraph 9B(1) (limits on onward disclosure)—
(a)
for “9A(3)” substitute “9A”, and
(b)
for the words after “making” substitute “, by the relevant court or a
fines officer, of such a decision, order or application as is mentioned in
25
paragraph 9A(1B).”
(7)
In paragraph 9B(2)(b) (use of information otherwise than in connection with
decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-
paragraph” substitute “, order or application as is mentioned in paragraph
9A(1B)”.
30
(8)
In paragraph 9B(3) (disclosures that are not unlawful)—
(a)
in paragraph (a) (disclosure in accordance with order of a court etc)
after “order of a court” insert “or of a tribunal established by or under
an Act”, and
(b)
in paragraph (b) (disclosure of information previously lawfully
35
disclosed) after “disclose” insert “or use—
(i)
any information which is in the form of a
summary or collection of information so
framed as not to enable information relating
to any particular person to be ascertained
40
from it, or
(ii)
”.
(9)
In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed
information punishable on summary conviction by a fine not exceeding level
4) for the words from “liable” to the end substitute “liable—
45
(a)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years, or
(ii)
to a fine, or

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
23

(iii)
to both;
(b)
on summary conviction—
(i)
to imprisonment for a term not exceeding 12 months,
or
(ii)
to a fine not exceeding the statutory maximum, or
5
(iii)
to both.”
(10)
In paragraph 9B after sub-paragraph (5) insert—
    “(6)
Sub-paragraph (5)(b) applies in relation to offences committed
before the commencement of section 154(1) of the Criminal Justice
Act 2003 (general limit on power of magistrates’ courts to impose
10
imprisonment) as if the reference to 12 months were a reference to 6
months.
      (7)
A prosecution for an offence under sub-paragraph (2) may be
instituted only by or with the consent of the Director of Public
Prosecutions.”
15
(11)
Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).
(12)
In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—
(a)
in sub-paragraph (1) for “This paragraph applies” substitute “Sub-
paragraphs (3) and (3A) apply”, and
(b)
after sub-paragraph (3) insert—
20
   “(3A)
“Relevant court” has the same meaning as in Part 3 of this
Schedule.
     (3B)
In paragraphs 9A and 10 (as in the provisions of this Schedule
which extend to England and Wales only)—
“fines officer” has the meaning given by section 36;
25
“P” has the meaning given by paragraph 1.”
(13)
Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this
section, extend to Scotland and Northern Ireland (as well as to England and
Wales).
(14)
Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2)
30
and (3), Act extends to England and Wales only) after “(3)” insert “and to
section 24(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C
and 10 of Schedule 5)”.
25
Disclosure of information for calculating fees of courts, tribunals etc
(1)
The Secretary of State or a Northern Ireland Department, or a person providing
35
services to the Secretary of State or a Northern Ireland Department, may
disclose social security information to a relevant person who wants social
security information in connection with deciding a fee-remission application.
(2)
Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose tax
40
credit information or finances information to a relevant person who wants tax
credit information or finances information in connection with deciding a fee-
remission application.
(3)
Information disclosed to a relevant person under subsection (1) or (2)—

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
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(a)
must not be further disclosed, except to another relevant person who
wants social security information, tax credit information or finances
information in connection with deciding a fee-remission application,
and
(b)
must not be used otherwise than in connection with deciding a fee-
5
remission application.
(4)
Subsection (3) does not prohibit—
(a)
disclosure or use of information which is in the form of a summary or
collection of information so framed as not to enable information
relating to any particular person to be ascertained from it;
10
(b)
disclosure or use of information which has previously been disclosed to
the public with lawful authority;
(c)
disclosure or use of information so far as necessary to comply with—
(i)
an order of a court,
(ii)
an order of a tribunal established by or under an Act, or
15
(iii)
a duty imposed by or under an Act or Northern Ireland
legislation.
(5)
It is an offence for a person to disclose or use information in contravention of
subsection (3).
(6)
It is a defence for a person charged with an offence under subsection (5) to
20
prove that the person reasonably believed that the disclosure or use concerned
was lawful.
(7)
A person guilty of an offence under subsection (5) is liable—
(a)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years, or
25
(ii)
to a fine, or
(iii)
to both;
(b)
on summary conviction—
(i)
to imprisonment for a period not exceeding 12 months, or
(ii)
to a fine not exceeding the statutory maximum, or
30
(iii)
to both.
(8)
Subsection (7)(b) applies—
(a)
in England and Wales in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
(general limit on magistrates’ court’s power to impose imprisonment),
35
and
(b)
in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.
(9)
A prosecution for an offence under subsection (5)—
(a)
may be instituted in England and Wales only by or with the consent of
40
the Director of Public Prosecutions, and
(b)
may be instituted in Northern Ireland only by or with the consent of the
Director of Public Prosecutions for Northern Ireland.
(10)
In this section—
“fee-remission application” means an application for any relief available
45
to recipients of a social security benefit, or tax credit, from fees under
any of—

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
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(a)
section 92 of the Courts Act 2003 (court fees),
(b)
section 52 of the Constitutional Reform Act 2005 (Supreme
Court fees),
(c)
section 54 of the Mental Capacity Act 2005 (Court of Protection
fees),
5
(d)
section 58 of that Act (Public Guardian fees),
(e)
section 42 of the Tribunals, Courts and Enforcement Act 2007
(tribunal fees),
(f)
paragraph 9 of Schedule 12 to the Commonhold and Leasehold
Reform Act 2002 (leasehold valuation tribunal fees),
10
(g)
paragraph 11 of Schedule 13 to the Housing Act 2004
(residential property tribunal fees), and
(h)
section 7 of the Gender Recognition Act 2004 (Gender
Recognition Panel fees);
“finances information” means information which—
15
(a)
is about a person’s income, gains or capital, and
(b)
is held—
(i)
by Her Majesty’s Revenue and Customs, or
(ii)
by a person providing services to the Commissioners for
Her Majesty’s Revenue and Customs, in connection
20
with the provision of those services;
“relevant person” means—
(a)
the Lord Chancellor,
(b)
the Secretary of State,
(c)
a person providing services to the Lord Chancellor or to the
25
Secretary of State,
(d)
any of the officers or staff of the Supreme Court, or
(e)
any of the officers or staff of, or a person providing services to,
the Public Guardian appointed for the purposes of the Mental
Capacity Act 2005;
30
“social security information” means information which is held for the
purposes of functions relating to social security—
(a)
by the Secretary of State or a Northern Ireland Department, or
(b)
by a person providing services to the Secretary of State or a
Northern Ireland Department, in connection with the provision
35
of those services,
or information which is held with information so held;
“tax credit information” means information as to whether a person has
been awarded child tax credit or working tax credit which is held—
(a)
by Her Majesty’s Revenue and Customs, or
40
(b)
by a person providing services to the Commissioners for Her
Majesty’s Revenue and Customs, in connection with the
provision of those services.
26
Enforcement services
(1)
The Legal Services Act 2007 is amended as follows.
45

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
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(2)
After section 125 insert—
“125A
Extension of Part 6 to enforcement services
(1)
For the purposes of this Part (and sections 1, 21 and 27 as they apply in
relation to this Part)—
(a)
the Bailiffs and Enforcement Agents Council is to be treated as
5
an approved regulator,
(b)
enforcement services are to be treated as a reserved legal
activity,
(c)
a person authorised under sections 63 and 64 of the Tribunals,
Courts and Enforcement Act 2007 is to be treated as an
10
authorised person in relation to that activity,
(d)
the Bailiffs and Enforcement Agents Council is to be treated as
a relevant authorising body in relation to such a person, and
(e)
regulations under the Tribunals, Courts and Enforcement Act
2007 and the National Standards for Enforcement Agents are to
15
be treated as regulatory arrangements of the Bailiffs and
Enforcement Agents Council as an approved regulator.
(2)
For the purposes of sections 112 and 145 (as extended by this section),
a person authorised under sections 63 and 64 of the Tribunals, Courts
and Enforcement Act 2007 is to be treated as a “relevant authorised
20
person” in relation to the Regulator.”
27
Supreme Court security officers
(1)
In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after
section 51 insert—
“Court security
25
51A
Security officers
(1)
A Supreme Court security officer is a person who is—
(a)
appointed by the President of the Supreme Court under section
49(1) or provided under a contract, and
(b)
designated by the President as a Supreme Court security officer.
30
(2)
The President may give directions as to—
(a)
training courses to be completed by Supreme Court security
officers;
(b)
conditions to be met before a person may be designated as a
Supreme Court security officer.
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(3)
For the purposes of sections 51B to 51E, a Supreme Court security
officer who is not readily identifiable as such (whether by means of
uniform or badge or otherwise) is not to be regarded as acting in the
execution of the officer’s duty.
(4)
In those sections “court building” means any building—
40
(a)
where the business of the Supreme Court, or of the Judicial
Committee of the Privy Council, is carried on, and
(b)
to which the public has access.