House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

29

House of Commons

Tuesday 12 February 2013

Public Bill Committee Proceedings

Crime and Courts Bill [Lords]

[Twelfth and Thirteenth Sittings]

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

Withdrawn  113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.’.

Clause Agreed to.

NEW CLAUSES

Enforcement by taking control of goods

Mr Jeremy Browne

Read a second time  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;

Public Bill Committee Proceedings: 12 February 2013
30

Crime and Courts Bill [Lords] continued

(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.

      (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

Public Bill Committee Proceedings: 12 February 2013
31

Crime and Courts Bill [Lords] continued

(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

Agreed to  (a)

Line  21,  leave out paragraph (b).

Mr Jeremy Browne

Agreed to  (b)

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

nor paragraph 19 applies.’.

Clause, as amended, added to Bill.

Extradition

Mr Jeremy Browne

Added  NC11

To move the following Clause:—

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

Civil recovery of the proceeds etc of unlawful conduct

Mr Jeremy Browne

Added  NC12

To move the following Clause:—

Public Bill Committee Proceedings: 12 February 2013
32

Crime and Courts Bill [Lords] continued

‘(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—

“Schedule 7A

Section 282A

Connection with relevant part of United Kingdom

Unlawful conduct

1
There is a connection where the unlawful conduct occurred entirely or

partly in the relevant part of the United Kingdom.

Property

2
There has been a connection where the property in question has been

in the relevant part of the United Kingdom, but only if it was

recoverable property in relation to the unlawful conduct for some or

all of the time it was there.

3
There is a connection where there is other property in the relevant part

of the United Kingdom that is recoverable property in relation to the

unlawful conduct.

4
There has been a connection where, at any time, there has been other

property in the relevant part of the United Kingdom that, at the time,

was recoverable property in relation to the unlawful conduct.

Public Bill Committee Proceedings: 12 February 2013
33

Crime and Courts Bill [Lords] continued

Person

5    (1)
There is or has been a connection where a person described in sub-

paragraph (2)—

(a)
is linked to the relevant part of the United Kingdom,

(b)
was linked to that part of the United Kingdom at a time when

the unlawful conduct, or some of the unlawful conduct, was

taking place, or

(c)
has been linked to that part of the United Kingdom at any time

since that conduct took place.

      (2)
Those persons are—

(a)
a person whose conduct was, or was part of, the unlawful

conduct;

(b)
a person who was deprived of property by the unlawful

conduct;

(c)
a person who holds the property in question;

(d)
a person who has held the property in question, but only if it

was recoverable property in relation to the unlawful conduct

at the time;

(e)
a person who holds other property that is recoverable property

in relation to the unlawful conduct;

(f)
a person who, at any time, has held other property that was

recoverable property in relation to the unlawful conduct at the

time.

      (3)
A person is linked to the relevant part of the United Kingdom if the

person is—

(a)
a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen,

(b)
a person who, under the British Nationality Act 1981, is a

British subject,

(c)
a British protected person within the meaning of that Act,

(d)
a body incorporated or constituted under the law of any part

of the United Kingdom, or

(e)
a person domiciled, resident or present in the relevant part of

the United Kingdom.

Property held on trust

6    (1)
There is a connection where the property in question is property held

on trust, or an interest in property held on trust, and—

(a)
the trust arises under the law of any part of the United

Kingdom,

(b)
the trust is entirely or partly governed by the law of any part

of the United Kingdom,

(c)
one or more of the trustees is linked to the relevant part of the

United Kingdom, or

(d)
one or more of the beneficiaries of the trust is linked to the

relevant part of the United Kingdom.

      (2)
A person is linked to the relevant part of the United Kingdom if the

person falls within paragraph 5(3).

Public Bill Committee Proceedings: 12 February 2013
34

Crime and Courts Bill [Lords] continued

      (3)
“Beneficiaries” includes beneficiaries with a contingent interest in the

trust property and potential beneficiaries.

Interpretation

7
“The relevant part of the United Kingdom” has the meaning given in

section 282A(4).

8
“The unlawful conduct” means—

(a)
in a case in which the property in question was obtained

through unlawful conduct, that conduct,

(b)
in a case in which the property in question represents property

obtained through unlawful conduct, that conduct, or

(c)
in a case in which it is shown that the property in question was

obtained through unlawful conduct of one of a number of

kinds or represents property so obtained (see section

242(2)(b)), one or more of those kinds of conduct.”

(4)
Omit section 286 (scope of powers: Scotland).

(5)
In section 316 (general interpretation), after subsection (8A) insert—

“(8B)
An enforcement authority in relation to a part of the United Kingdom

may take proceedings there for an order under Chapter 2 of this Part in

respect of any property or person, whether or not the property or person

is (or is domiciled, resident or present) in that part of the United

Kingdom.”

(6)
In Schedule [Proceeds of crime: civil recovery of the proceeds etc of unlawful

conduct] (proceeds of crime: civil recovery of the proceeds etc of unlawful

conduct)—

(a)
Part 1 makes provision about the enforcement of interim orders in the

United Kingdom, and

(b)
Part 2 makes provision about enforcement where property or evidence is

outside the United Kingdom.

(7)
The amendments made by this section and Part 2 of Schedule [Proceeds of crime:

civil recovery of the proceeds etc of unlawful conduct] are deemed always to have

had effect.

(8)
The amendments made by this section and Schedule [Proceeds of crime: civil

recovery of the proceeds etc of unlawful conduct] do not affect the extent to

which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part

5), or of any other enactment, apply in respect of persons or property outside the

United Kingdom or outside a particular part of the United Kingdom.’.

Investigations

Mr Jeremy Browne

Added  NC13

To move the following Clause:—

‘In Schedule [Proceeds of crime: investigations] (proceeds of crime:

investigations)—

Public Bill Committee Proceedings: 12 February 2013
35

Crime and Courts Bill [Lords] continued

(a)
Part 1 makes provision about orders and warrants sought under Part 8 of

the Proceeds of Crime Act 2002 in connection with civil recovery

investigations,

(b)
Part 2 makes provision about obtaining evidence overseas, and

(c)
Part 3 makes consequential amendments relating to immigration officers

and to the National Crime Agency.’.

Deportation on national security grounds: appeals

Mr Jeremy Browne

Added  NC14

To move the following Clause:—

‘(1)
Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation

on national security grounds: appeal rights) is amended as follows.

(2)
After subsection (1) insert—

“(1A)
This section also applies where the Secretary of State certifies, in the case

of a person in respect of whom a deportation order has been made which

states that it is made in accordance with section 32(5) of the UK Borders

Act 2007, that the person’s removal from the United Kingdom would be

in the interests of national security.”

(3)
For subsection (2)(c) substitute—

“(c)
section 2(5) of the Special Immigration Appeals Commission

Act 1997 (whether appeals brought against decisions certified

under section 97 may be brought from within the United

Kingdom) does not apply, but see instead the following

provisions of this section.”

(4)
After subsection (2) insert—

“(2A)
The person while in the United Kingdom may not bring or continue an

appeal under section 2 of the Special Immigration Appeals Commission

Act 1997—

(a)
against the decision to make the deportation order, or

(b)
against any refusal to revoke the deportation order,


unless the person has made a human rights claim while in the United

Kingdom.

(2B)
Subsection (2A) does not allow the person while in the United Kingdom

to bring or continue an appeal if the Secretary of State certifies that

removal of the person—

(a)
to the country or territory to which the person is proposed to be

removed, and

(b)
despite the appeals process not having been begun or not having

been exhausted,


would not breach the United Kingdom’s obligations under the Human

Rights Convention.

(2C)
The grounds upon which a certificate may be given under subsection

(2B) include (in particular)—



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