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| Crime and Courts Bill [Lords]
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| [Twelfth and Thirteenth Sittings]
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| Clause 38, page 40, line 38, at end insert— |
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| | ‘(4) | The Government must publish an impact assessment on the removal of |
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| | “insulting” from section 5(1) (harassment, alarm and distress) and from section |
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| | 6(4) (mental element: miscellaneous) of the Public Order Act 1986 no later than |
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| | 12 months after this legislation is enacted. This report must include details of the |
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| | number of public order complaints made, the characteristics of each complaint |
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| | and the outcome of each case.’. |
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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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| | (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, as amended, added to Bill. |
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| To move the following Clause:— |
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| | ‘Schedule [Extradition] (extradition) has effect.’. |
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| | Civil recovery of the proceeds etc of unlawful conduct |
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| To move the following Clause:— |
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| | ‘(1) | Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of |
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| | unlawful conduct) is amended as follows. |
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| | (2) | After section 282 insert— |
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| | (1) | An order under this Chapter may be made by the High Court or the Court |
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| | (a) | in respect of property wherever situated, and |
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| | (b) | in respect of a person wherever domiciled, resident or present, |
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| | | subject to subsection (2). |
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| | (2) | Such an order may not be made by the High Court or the Court of Session |
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| | (a) | property that is outside the United Kingdom, or |
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| | (b) | property that is in the United Kingdom but outside the relevant |
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| | part of the United Kingdom, |
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| | | unless there is or has been a connection between the case and the relevant |
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| | part of the United Kingdom. |
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| | (3) | The circumstances in which there is or has been such a connection |
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| | include those described in Schedule 7A. |
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| | (4) | “The relevant part of the United Kingdom” means— |
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| | (a) | in relation to an order made by the High Court in England and |
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| | Wales, England and Wales, |
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| | (b) | in relation to an order made by the High Court in Northern |
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| | Ireland, Northern Ireland, and |
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| | (c) | in relation to an order made by the Court of Session, Scotland.” |
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| | (3) | After Schedule 7 insert— |
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| | Connection with relevant part of United Kingdom |
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| | 1 | There is a connection where the unlawful conduct occurred entirely or |
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| | partly in the relevant part of the United Kingdom. |
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| | 2 | There has been a connection where the property in question has been |
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| | in the relevant part of the United Kingdom, but only if it was |
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| | recoverable property in relation to the unlawful conduct for some or |
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| | all of the time it was there. |
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| | 3 | There is a connection where there is other property in the relevant part |
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| | of the United Kingdom that is recoverable property in relation to the |
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| | 4 | There has been a connection where, at any time, there has been other |
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| | property in the relevant part of the United Kingdom that, at the time, |
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| | was recoverable property in relation to the unlawful conduct. |
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| | 5 (1) | There is or has been a connection where a person described in sub- |
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| | (a) | is linked to the relevant part of the United Kingdom, |
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| | (b) | was linked to that part of the United Kingdom at a time when |
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| | the unlawful conduct, or some of the unlawful conduct, was |
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| | (c) | has been linked to that part of the United Kingdom at any time |
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| | since that conduct took place. |
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| | (a) | a person whose conduct was, or was part of, the unlawful |
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| | (b) | a person who was deprived of property by the unlawful |
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| | (c) | a person who holds the property in question; |
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| | (d) | a person who has held the property in question, but only if it |
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| | was recoverable property in relation to the unlawful conduct |
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| | (e) | a person who holds other property that is recoverable property |
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| | in relation to the unlawful conduct; |
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| | (f) | a person who, at any time, has held other property that was |
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| | recoverable property in relation to the unlawful conduct at the |
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| | (3) | A person is linked to the relevant part of the United Kingdom if the |
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| | (a) | a British citizen, a British overseas territories citizen, a British |
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| | National (Overseas) or a British Overseas citizen, |
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| | (b) | a person who, under the British Nationality Act 1981, is a |
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| | (c) | a British protected person within the meaning of that Act, |
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| | (d) | a body incorporated or constituted under the law of any part |
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| | of the United Kingdom, or |
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| | (e) | a person domiciled, resident or present in the relevant part of |
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| | 6 (1) | There is a connection where the property in question is property held |
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| | on trust, or an interest in property held on trust, and— |
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| | (a) | the trust arises under the law of any part of the United |
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| | (b) | the trust is entirely or partly governed by the law of any part |
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| | (c) | one or more of the trustees is linked to the relevant part of the |
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| | (d) | one or more of the beneficiaries of the trust is linked to the |
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| | relevant part of the United Kingdom. |
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| | (2) | A person is linked to the relevant part of the United Kingdom if the |
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| | person falls within paragraph 5(3). |
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| | (3) | “Beneficiaries” includes beneficiaries with a contingent interest in the |
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| | trust property and potential beneficiaries. |
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| | 7 | “The relevant part of the United Kingdom” has the meaning given in |
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| | 8 | “The unlawful conduct” means— |
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| | (a) | in a case in which the property in question was obtained |
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| | through unlawful conduct, that conduct, |
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| | (b) | in a case in which the property in question represents property |
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| | obtained through unlawful conduct, that conduct, or |
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| | (c) | in a case in which it is shown that the property in question was |
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| | obtained through unlawful conduct of one of a number of |
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| | kinds or represents property so obtained (see section |
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| | 242(2)(b)), one or more of those kinds of conduct.” |
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| | (4) | Omit section 286 (scope of powers: Scotland). |
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| | (5) | In section 316 (general interpretation), after subsection (8A) insert— |
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| | “(8B) | An enforcement authority in relation to a part of the United Kingdom |
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| | may take proceedings there for an order under Chapter 2 of this Part in |
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| | respect of any property or person, whether or not the property or person |
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| | is (or is domiciled, resident or present) in that part of the United |
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| | (6) | In Schedule [Proceeds of crime: civil recovery of the proceeds etc of unlawful |
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| | conduct] (proceeds of crime: civil recovery of the proceeds etc of unlawful |
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| | (a) | Part 1 makes provision about the enforcement of interim orders in the |
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| | (b) | Part 2 makes provision about enforcement where property or evidence is |
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| | outside the United Kingdom. |
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| | (7) | The amendments made by this section and Part 2 of Schedule [Proceeds of crime: |
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| | civil recovery of the proceeds etc of unlawful conduct] are deemed always to have |
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| | (8) | The amendments made by this section and Schedule [Proceeds of crime: civil |
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| | recovery of the proceeds etc of unlawful conduct] do not affect the extent to |
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| | which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part |
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| | 5), or of any other enactment, apply in respect of persons or property outside the |
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| | United Kingdom or outside a particular part of the United Kingdom.’. |
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| To move the following Clause:— |
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| | ‘In Schedule [Proceeds of crime: investigations] (proceeds of crime: |
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| | (a) | Part 1 makes provision about orders and warrants sought under Part 8 of |
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| | the Proceeds of Crime Act 2002 in connection with civil recovery |
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| | (b) | Part 2 makes provision about obtaining evidence overseas, and |
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| | (c) | Part 3 makes consequential amendments relating to immigration officers |
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| | and to the National Crime Agency.’. |
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| | Deportation on national security grounds: appeals |
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| To move the following Clause:— |
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| | ‘(1) | Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation |
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| | on national security grounds: appeal rights) is amended as follows. |
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| | (2) | After subsection (1) insert— |
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| | “(1A) | This section also applies where the Secretary of State certifies, in the case |
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| | of a person in respect of whom a deportation order has been made which |
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| | states that it is made in accordance with section 32(5) of the UK Borders |
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| | Act 2007, that the person’s removal from the United Kingdom would be |
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| | in the interests of national security.” |
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| | (3) | For subsection (2)(c) substitute— |
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| | “(c) | section 2(5) of the Special Immigration Appeals Commission |
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| | Act 1997 (whether appeals brought against decisions certified |
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| | under section 97 may be brought from within the United |
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| | Kingdom) does not apply, but see instead the following |
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| | provisions of this section.” |
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| | (4) | After subsection (2) insert— |
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| | “(2A) | The person while in the United Kingdom may not bring or continue an |
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| | appeal under section 2 of the Special Immigration Appeals Commission |
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| | (a) | against the decision to make the deportation order, or |
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| | (b) | against any refusal to revoke the deportation order, |
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| | | unless the person has made a human rights claim while in the United |
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| | (2B) | Subsection (2A) does not allow the person while in the United Kingdom |
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| | to bring or continue an appeal if the Secretary of State certifies that |
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| | (a) | to the country or territory to which the person is proposed to be |
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| | (b) | despite the appeals process not having been begun or not having |
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| | | would not breach the United Kingdom’s obligations under the Human |
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| | (2C) | The grounds upon which a certificate may be given under subsection |
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| | (2B) include (in particular)— |
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