House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 February 2013
108

Crime and Courts Bill [Lords] continued

(c)
such other persons as the Director of Public Prosecutions and the Director

of the Serious Fraud Office consider appropriate.

( )
Before the code is permitted to come into effect, it shall be laid before

Parliament.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

97

Schedule  16,  page  280,  line  25,  leave out ‘or to disgorge profits made from the

alleged offence’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

98

Schedule  16,  page  280,  line  26,  at end insert—

      ‘()
Any money that is received by a prosecutor under a term of a DPA that

required for P to disgorge profits from the alleged offence is to be distributed

according to the Home Office’s Asset Recovery Incentive Scheme.’.

Jenny Chapman

Mr David Hanson

Phil Wilson

Stella Creasy

83

Clause  34,  page  33,  line  42,  at end insert—

‘(5A)
After section 50(2)(c) (Procedure) of the 2006 Act insert—

“(2A)
In respect of any application or claim in connection with immigration

(whether or not under the rules referred to in subsection (1) or any other

enactment) the Secretary of State may make provision for the

communication of an immigration officer with the applicant before a

decision is taken in respect of that application or claim.

(2B)
Provisions under (2A) may include communication with the individual

so as to obtain additional information relevant to their application or

claim.”.

(5B)
Before the coming into force of this section, the Secretary of State must make

provision for communication between an immigration officer and the applicant

for the purposes of obtaining further necessary information not included in the

original application, as provided for under sections 50(2A) and (2B) of the 2006

Act.’.

Public Bill Committee: 5 February 2013
109

Crime and Courts Bill [Lords] continued

Jenny Chapman

Mr David Hanson

Phil Wilson

Stella Creasy

84

Clause  36,  page  34,  line  29,  after ‘2000’, insert ‘who is working in Criminal and

Financial Investigation’.

Jenny Chapman

Mr David Hanson

Phil Wilson

Stella Creasy

85

Clause  36,  page  34,  line  41,  leave out subsections (4) and (5).

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

5

Clause  37,  page  38,  line  40,  leave out from beginning to ‘and’ in line 44.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

7

Clause  37,  page  39,  leave out lines 8 to 11 and insert—

‘( )
knowingly contrary to any advice (which may take account of any

accompanying instructions given by the manufacturer or distributor of

the drug), given by the person by whom the drug was prescribed or

supplied, about the amount of time that should elapse between taking the

drug and driving a motor vehicle.’.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

6

Clause  37,  page  39,  leave out lines 12 to 14.

Public Bill Committee: 5 February 2013
110

Crime and Courts Bill [Lords] continued

Mr David Hanson

Stella Creasy

Jenny Chapman

Phil Wilson

112

Clause  37,  page  40,  line  31,  at end insert—

‘(8)
A review of the implementation of section 37 shall be undertaken within 12

months of Royal Assent and a report laid before both Houses of Parliament.’.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

113


Clause  38,  page  40,  line  38,  at end insert—

‘(4)
The Government must publish an impact assessment on the removal of

“insulting” from section 5(1) (harassment, alarm and distress) and from section

6(4) (mental element: miscellaneous) of the Public Order Act 1986 no later than

12 months after this legislation is enacted. This report must include details of the

number of public order complaints made, the characteristics of each complaint

and the outcome of each case.’.

NEW CLAUSES

Enforcement by taking control of goods

Mr Jeremy Browne

NC8

To move the following Clause:—

‘(1)
Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for

taking control of goods) is amended as follows.

(2)
In paragraph 17 (enforcement agent may use reasonable force to enter etc where

paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”.
5
(3)
After paragraph 18 insert—

“18A (1)
This paragraph applies if these conditions are met—

(a)
the enforcement agent has power to enter the premises under

paragraph 14;

(b)
the enforcement agent reasonably believes that the debtor
10
carries on a trade or business on the premises;

(c)
the enforcement agent is acting under a writ or warrant of

control issued for the purpose of recovering a sum payable

under a High Court or county court judgment;

(d)
the sum so payable is not a traffic contravention debt.
15
      (2)
“Traffic contravention debt” has the meaning given by section 82(2)

of the Traffic Management Act 2004.”

Public Bill Committee: 5 February 2013
111

Crime and Courts Bill [Lords] continued

(4)
After paragraph 19 insert—

“19A (1)
This paragraph applies if these conditions are met—

(a)
the enforcement agent has power to enter the premises under
20
paragraph 16;

(b)
the premises are not premises on which the enforcement agent

reasonably believes that the debtor carries on a trade or

business;

(c)
the enforcement agent has taken control of the goods by
25
entering into a controlled goods agreement with the debtor;

(d)
the debtor has failed to comply with any provision of the

controlled goods agreement relating to the payment by the

debtor of the debt;

(e)
the debtor has been given notice of the intention of the
30
enforcement agent to enter the premises to inspect the goods

or to remove them for storage or sale;

(f)
paragraph 18 does not apply.

      (2)
For the purposes of a notice under sub-paragraph (1)(e), regulations

must state—
35
(a)
the minimum period of notice;

(b)
the form of the notice;

(c)
what it must contain;

(d)
how it must be given;

(e)
who must give it.
40
      (3)
The enforcement agent must keep a record of the time when a notice

under sub-paragraph (1)(e) is given.

      (4)
If regulations authorise it, the court may order in prescribed

circumstances that the notice given may be less than the minimum

period.
45
      (5)
The order may be subject to conditions.”

(5)
In paragraphs 24(2) and 31(5) (no power to use force against persons except to

extent provided in regulations) omit “, except to the extent that regulations

provide that it does”.

(6)
Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after
50
a sale).

(7)
Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in

accordance with notice of disposal).

(8)
In consequence of the repeals in subsection (5), in section 90 of the Tribunals,

Courts and Enforcement Act 2007 (regulations under Part 3)—
55
(a)
omit subsection (4) (procedure for regulations under paragraphs 24(2)

and 31(5) of Schedule 12), and

(b)
in subsection (5) omit “In any other case”.

(9)
In Schedule 13 to that Act (taking control of goods: amendments)—

(a)
in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972)
60
for the words after “etc.),” substitute “omit subsection (2).”,

(b)
in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act

1984) after “93 to” insert “98 and”,

(c)
in paragraph 85 (amendment of section 436 of the Insolvency Act 1986)

for “436” substitute “436(1)”,

Public Bill Committee: 5 February 2013
112

Crime and Courts Bill [Lords] continued

65
(d)
in paragraph 125 (amendment of section 15 of the Employment Tribunals

Act 1996) for ““by execution issued from the county court”” substitute

“the words from “by execution”, to “court” in the first place after “by

execution”,”, and

(e)
in paragraph 134 (which amends Schedule 17 to the Financial Services
70
and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs

16(a) and 16D(a)”.’.

As Amendments to Mr Jeremy Browne’s proposed New Clause (Enforcement by

taking control of goods) (NC8):—

Mr Jeremy Browne

(a)

Line  21,  leave out paragraph (b).

Mr Jeremy Browne

(b)

Line  32,  leave out ‘paragraph 18 does not apply’ and insert ‘neither paragraph 18

nor paragraph 19 applies.’.

Review of NCA functions

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

NC1

To move the following Clause:—

‘(1)
The Secretary of State shall commission a review of the NCA functions to report

no later than one year following commencement of this Act.

(2)
The review shall report on the appropriateness of the modification of NCA

functions, in particular in relation to—

(a)
provision about NCA counter-terrorism functions;

(b)
provision about NCA public order functions; and

(c)
other national response coordination functions.’.

Public Bill Committee: 5 February 2013
113

Crime and Courts Bill [Lords] continued

Regional organised crime task forces

Paul Goggins

NC2

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for the establishment of regional

organised crime task forces.

(2)
Such bodies will comprise representatives of—

(a)
the NCA;

(b)
local police forces;

(c)
HM Revenue and Customs;

(d)
the UK Border Agency;

(e)
local authorities;

(f)
business; and

(g)
the Police and Crime Commissioners.

(3)
Each regional organised crime task force will make its own arrangements for—

(a)
administration; and

(b)
chairing the body.

(4)
The purpose of the Regional Organised Crime Task Force will be to—

(a)
encourage and support joint working to counter organised crime; and

(b)
increase public awareness of the causes and impact of organised crime.’.

Child maltreatment

Mr Robert Buckland

Mr David Burrowes

Paul Goggins

NC3

To move the following Clause:—

‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under

sixteen) is hereby repealed and replaced as follows—

“1
Child maltreatment

(1)
It is an offence for a person with responsibility for a child intentionally

or recklessly to subject that child or allow that child to be subjected to

maltreatment, whether by act or omission, such that the child suffers, or

is likely to suffer, significant harm.

(2)
For the purposes of this section:

(a)
‘recklessly’ shall mean that a person with responsibility for a

child foresaw a risk that an act or omission regarding that child

would be likely to result in significant harm, but nonetheless

unreasonably decided to take that risk;

(b)
‘responsibility’ shall be as defined in section 17;

(c)
‘maltreatment’ includes—

(i)
neglect (including abandonment),

Public Bill Committee: 5 February 2013
114

Crime and Courts Bill [Lords] continued

(ii)
physical abuse,

(iii)
sexual abuse,

(iv)
exploitation, and

(v)
emotional abuse (including exposing the child

to violence against others in the same

household);

(d)
‘harm’ means the impairment of—

(i)
physical or mental health, or

(ii)
physical, intellectual, emotional, social or

behavioural development.

(3)
Where the question of whether harm suffered by a child is significant

turns on the child’s health or development, that child’s health or

development shall be compared with that which could reasonably be

expected of a similar child.”.’.

Review into the Courts and Tribunals Service

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC4

To move the following Clause:—

‘The Lord Chancellor shall conduct a periodic review of HM Courts and

Tribunals Service, including the Office of the Public Guardian, and the impact of

section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of

access and user and practitioner satisfaction, and specifically the impact of court

closures on court users and access to justice, and shall publish a report on the

review to both Houses of Parliament.’.

Information for court users

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC5

To move the following Clause:—

‘The Secretary of State shall publish and consult on a strategy for the delivery of

legal information, support and dispute resolution services to the public by HM

Courts and Tribunals Service.’.



© Parliamentary copyright	Revised 5 February 2013