House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

157

House of Commons

Thursday 7 February 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Crime and Courts Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [22 January].

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.

Public Bill Committee: 7
158

Crime and Courts Bill [Lords] continued

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.

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.’.

Public Bill Committee: 7
159

Crime and Courts Bill [Lords] continued

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.”

(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.

Public Bill Committee: 7
160

Crime and Courts Bill [Lords] continued

      (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)”,
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.’.

Public Bill Committee: 7
161

Crime and Courts Bill [Lords] continued

Extradition

Mr Jeremy Browne

NC11


To move the following Clause:—

‘Schedule [Extradition] (extradition) has effect.’.

Civil recovery of the proceeds etc of unlawful conduct

Mr Jeremy Browne

NC12


To move the following Clause:—

‘(1)
Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of

unlawful conduct) is amended as follows.

(2)
After section 282 insert—

“Scope of powers

282A
Scope of powers

(1)
An order under this Chapter may be made by the High Court or the Court

of Session—

(a)
in respect of property wherever situated, and

(b)
in respect of a person wherever domiciled, resident or present,


subject to subsection (2).

(2)
Such an order may not be made by the High Court or the Court of Session

in respect of—

(a)
property that is outside the United Kingdom, or

(b)
property that is in the United Kingdom but outside the relevant

part of the United Kingdom,


unless there is or has been a connection between the case and the relevant

part of the United Kingdom.

(3)
The circumstances in which there is or has been such a connection

include those described in Schedule 7A.

(4)
“The relevant part of the United Kingdom” means—

(a)
in relation to an order made by the High Court in England and

Wales, England and Wales,

(b)
in relation to an order made by the High Court in Northern

Ireland, Northern Ireland, and

(c)
in relation to an order made by the Court of Session, Scotland.”

(3)
After Schedule 7 insert—



© Parliamentary copyright	Revised 7 February 2013