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| For other Amendment(s) see the following page(s):
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| Crime and Courts Bill Committee 82-90 |
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| Crime and Courts Bill [Lords] |
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| Schedule 16, page 275, line 33, at end insert— |
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| | ‘( ) | The Director of Public Prosecutions and the Director of the Serious Fraud Office |
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| | must publish the new code as a draft code. |
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| | ( ) | The Director of Public Prosecutions and the Director of the Serious Fraud Office |
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| | must consult the following persons about the amended code— |
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| | (a) | the Secretary of State; |
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| | (b) | such persons as the Secretary of State may direct; |
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| | (c) | such other persons as the Director of Public Prosecutions and the Director |
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| | of the Serious Fraud Office consider appropriate. |
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| | ( ) | Before the code is permitted to come into effect, it shall be laid before |
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| | Enforcement by taking control of goods |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for |
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| | taking control of goods) is amended as follows. |
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| | (2) | In paragraph 17 (enforcement agent may use reasonable force to enter etc where |
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| | paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”. |
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5 | | (3) | After paragraph 18 insert— |
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| | “18A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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| | (b) | the enforcement agent reasonably believes that the debtor |
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10 | | carries on a trade or business on the premises; |
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| | (c) | the enforcement agent is acting under a writ or warrant of |
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| | control issued for the purpose of recovering a sum payable |
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| | under a High Court or county court judgment; |
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| | (d) | the sum so payable is not a traffic contravention debt. |
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15 | | (2) | “Traffic contravention debt” has the meaning given by section 82(2) |
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| | of the Traffic Management Act 2004.” |
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| | (4) | After paragraph 19 insert— |
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| | “19A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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20 | | |
| | (b) | the premises are not premises on which the enforcement agent |
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| | reasonably believes that the debtor carries on a trade or |
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| | (c) | the enforcement agent has taken control of the goods by |
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25 | | entering into a controlled goods agreement with the debtor; |
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| | (d) | the debtor has failed to comply with any provision of the |
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| | controlled goods agreement relating to the payment by the |
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| | (e) | the debtor has been given notice of the intention of the |
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30 | | enforcement agent to enter the premises to inspect the goods |
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| | or to remove them for storage or sale; |
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| | (f) | paragraph 18 does not apply. |
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| | (2) | For the purposes of a notice under sub-paragraph (1)(e), regulations |
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35 | | (a) | the minimum period of notice; |
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| | (b) | the form of the notice; |
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| | (c) | what it must contain; |
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| | (d) | how it must be given; |
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40 | | (3) | The enforcement agent must keep a record of the time when a notice |
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| | under sub-paragraph (1)(e) is given. |
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| | (4) | If regulations authorise it, the court may order in prescribed |
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| | circumstances that the notice given may be less than the minimum |
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45 | | (5) | The order may be subject to conditions.” |
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| | (5) | In paragraphs 24(2) and 31(5) (no power to use force against persons except to |
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| | extent provided in regulations) omit “, except to the extent that regulations |
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| | (6) | Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after |
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50 | | |
| | (7) | Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in |
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| | accordance with notice of disposal). |
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| | (8) | In consequence of the repeals in subsection (5), in section 90 of the Tribunals, |
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| | Courts and Enforcement Act 2007 (regulations under Part 3)— |
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55 | | (a) | omit subsection (4) (procedure for regulations under paragraphs 24(2) |
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| | and 31(5) of Schedule 12), and |
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| | (b) | in subsection (5) omit “In any other case”. |
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| | (9) | In Schedule 13 to that Act (taking control of goods: amendments)— |
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| | (a) | in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) |
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60 | | for the words after “etc.),” substitute “omit subsection (2).”, |
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| | (b) | in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act |
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| | 1984) after “93 to” insert “98 and”, |
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| | (c) | in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) |
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| | for “436” substitute “436(1)”, |
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65 | | (d) | in paragraph 125 (amendment of section 15 of the Employment Tribunals |
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| | Act 1996) for ““by execution issued from the county court”” substitute |
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| | “the words from “by execution”, to “court” in the first place after “by |
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| | (e) | in paragraph 134 (which amends Schedule 17 to the Financial Services |
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70 | | and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs |
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| | As Amendments to Mr Jeremy Browne’s proposed New Clause (Enforcement by |
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| | taking control of goods) (NC8):— |
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| Line 21, leave out paragraph (b). |
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| Line 32, leave out ‘paragraph 18 does not apply’ and insert ‘neither paragraph 18 |
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| nor paragraph 19 applies.’. |
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| Clause 34, page 33, line 42, at end insert— |
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| | ‘(6A) | After section 50(2)(c) (Procedure) of the 2006 Act insert— |
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| | “(2A) | In respect of any application or claim in connection with immigration |
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| | (whether or not under the rules referred to in subsection (1) or any other |
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| | enactment) the Secretary of State may make provision for the |
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| | communication of an immigration officer with the applicant before a |
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| | decision is taken in respect of that application or claim. |
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| | (2B) | Provisions under (2A) may include communication with the individual |
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| | so as to obtain additional information relevant to their application or |
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| | (6B) | Before the coming into force of this section, the Secretary of State must make |
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| | provision for communication between an immigration officer and the applicant |
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| | for the purposes of obtaining further necessary information not included in the |
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| | original application, as provided for under sections 50(2A) and (2B) of the 2006 |
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| Clause 36, page 34, line 29, after ‘2000’, insert ‘who is working in Criminal and |
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| Financial Investigation’. |
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| Clause 36, page 34, line 41, leave out subsections (4) and (5). |
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| Schedule 15, page 262, line 2, at end insert— |
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| | ‘(za) | have regard to the need to promote rehabilitation,’. |
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| Schedule 15, page 262, line 8, leave out ‘exceptional’. |
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| Schedule 15, page 263, line 37, before ‘an electronic’, insert ‘in a case where the |
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| court also imposes a supervision requirement,’. |
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| Schedule 15, page 264, line 17, before ‘an electronic’, insert ‘in a case where the |
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| court also imposes a supervision requirement,’. |
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| Schedule 15, page 269, line 16, leave out ‘with probation trusts’ and insert ‘for the |
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| provision of supervision of offenders’. |
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| Schedule 15, page 269, line 16, leave out ‘require each probation trust to’. |
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| Schedule 15, page 262, line 19, at end insert— |
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| | ‘5 (1) | The Secretary of State shall periodically publish the outcomes of community |
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| | orders awarded by each criminal court in England and Wales, where |
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| | “outcomes” is defined as the number and classification of re-offences recorded |
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| | for each offender sentenced by the court, following their sentence.’. |
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| Schedule 15, page 269, line 22, at end insert— |
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| | ‘(3) | The Secretary of State shall in each year publish a strategy for the delivery of |
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| | appropriate and effective services for female offenders in the criminal justice |
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| Schedule 16, page 274, line 27, at end insert— |
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| | ‘Sentencing guidelines for DPAs |
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| | 4A (1) | The Sentencing Council must produce a guideline on the financial penalties |
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| | and remedial measures appropriate for a DPA. |
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| | (2) | The Coroners and Justice Act 2009 is amended as follows— |
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| | (a) | at the end of section 120(1) insert “and corporate bodies, partnerships |
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| | and unincorporated associations who have been charged with an |
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| | offence but whose prosecution has been deferred under Schedule 16 to |
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| | the Crime and Courts Act 2013” |
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| | (3) | Where the Council has prepared guidelines under subsection (1), it must |
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| | publish them as draft guidelines. |
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| | (4) | The Council must consult the following persons about the draft guidelines— |
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| | (a) | the Secretary of State; |
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| | (b) | such persons as the Secretary of State may direct; |
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| | (c) | such other persons as the Council considers appropriate. |
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| | (5) | Before the guideline is permitted to come into effect, it shall be laid before |
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| | Parliament, which shall have the opportunity of debating it. |
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| | 4B (1) | If the guideline is amended or replaced, the Sentencing Council must publish |
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| | the new guideline as a draft guideline. |
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| | (2) | The Sentencing Council must consult the following persons about the new |
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| | (a) | the Secretary of State; |
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| | (b) | such persons as the Secretary of State may direct; |
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| | (c) | such other persons as the designated prosecutors consider |
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| Schedule 16, page 275, line 9, at end insert— |
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| | ‘(6) | A DPA must not contain a term granting a blanket indemnity for prosecution |
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| | for undisclosed criminal acts committed in the past. |
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| | (7) | A DPA must have regard to the DPA guideline issued by the Sentencing |
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| Schedule 16, page 275, line 27, at end insert— |
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| | ‘() | Where the Director of Public Prosecutions and the Director of the Serious |
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| | Fraud Office have produced a code under Clause 6(1), they must publish it as |
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| | () | The Director of Public Prosecutions and the Director of the Serious Fraud |
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| | Office must consult the following persons about the draft code— |
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| | (a) | the Secretary of State; |
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| | (b) | such persons as the Secretary of State may direct; |
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| | (c) | such other persons as the Director of Public Prosecutions and the |
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| | Director of the Serious Fraud Office consider appropriate. |
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| | () | Before the code is permitted to come into effect, it shall be laid before |
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| Schedule 16, page 280, line 25, leave out ‘or to disgorge profits made from the |
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| Schedule 16, page 280, line 26, at end insert— |
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| | ‘() | Any money that is received by a prosecutor under a term of a DPA that |
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| | required for P to disgorge profits from the alleged offence is to be distributed |
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| | according to the Home Office’s Asset Recovery Incentive Scheme.’. |
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| Clause 42, page 43, line 17, at end insert— |
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| | ‘(4A) | The provisions under Schedule 16 shall cease to have effect at the end of a five- |
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| | year period beginning with the day the provisions come into force. |
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| | (4B) | Before the end of the five-year period detailed in subsection (4A), the Secretary |
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| | (a) | provide for a review of these provisions, in consultation with the Director |
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| | of Public Prosecutions and the Director of the Serious Fraud Office; |
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| | (b) | set out the conclusions of the review; and |
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| | (c) | lay a Report on the review before both Houses of Parliament.’. |
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| Schedule 15, page 262, line 24, leave out ‘activities’. |
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| Schedule 15, page 262, line 27, leave out ‘restorative justice requirements’ and |
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| insert ‘participation in a restorative conference’. |
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| Schedule 15, page 262, line 28, leave out ‘justice’ and insert ‘conference’. |
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