House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

847

House of Commons

Notices of Amendments

given on

Friday 1 March 2013

For other Amendment(s) see the following page(s) of Supplement to Votes:

807 and 809-10

Consideration of Bill

Crime and Courts Bill [Lords], As Amended

Modification of NCA functions

Secretary Theresa May

NC3

To move the following Clause:—

‘(1)
The Secretary of State may, by order, make—

(a)
provision about NCA counter-terrorism functions (and, in particular,

may make provision conferring, removing, or otherwise modifying such

functions); and

(b)
other provision which the Secretary of State considers necessary in

consequence of provision made under paragraph (a) (and, in particular,

may make provision about the functions of any person other than the

NCA, including provision conferring or otherwise modifying, but not

removing, such functions).

(2)
If an order under this section confers an NCA counter-terrorism function, an NCA

officer may only carry out activities in Northern Ireland for the purpose of the

discharge of the function if the NCA officer does so with the agreement of the

Chief Constable of the Police Service of Northern Ireland.

(3)
That includes cases where an order under this section confers an NCA counter-

terrorism function by the modification of a function.

(4)
An order under this section may amend or otherwise modify this Act or any other

enactment.

(5)
An order under this section is subject to the super-affirmative procedure (see

section 43 and Schedule 22).

(6)
In this section “NCA counter-terrorism function” means an NCA function

relating to terrorism (and for this purpose “terrorism” has the same meaning as in

the Terrorism Act 2000 — see section 1 of that Act).’.

Notices of Amendments: 1 March 2013
848

Crime and Courts Bill [Lords] continued

Varying designations of authorities responsible for remanded young persons

Secretary Theresa May

NC4

To move the following Clause:—

‘(1)
Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(where child remanded to youth detention accommodation, court must designate

local authority to look after child and meet costs) is amended as follows.

(2)
In subsection (7)(a) (authority that already looks after child to be designated) after

“being looked after by a local authority” insert “otherwise than by virtue of

section 104(1)”.

(3)
In subsection (7)(b) (in other cases, court must designate authority for area where

child habitually resides or offence committed) for “, the local authority”

substitute “but subject to subsection (7B), a local authority”.

(4)
After subsection (7) insert—

“(7A)
In a case to which subsection (7)(b) applies, the court is to designate a

local authority in whose area it appears to the court that the child

habitually resides (a “home authority”) except where the court—

(a)
considers as respects the home authority, or each home authority,

that it is inappropriate to designate that authority, or

(b)
is unable to identify any place in England and Wales where the

child habitually resides.

(7B)
If in a case to which subsection (7)(b) applies—

(a)
the court is not required by subsection (7A) to designate a home

authority, but

(b)
it appears to the court that the offence was not, or none of the

offences was, committed in England and Wales,


the court is to designate a local authority which it considers appropriate

in the circumstances of the case.”

(5)
After subsection (7B) insert—

“(7C)
Where a child has been remanded to youth detention accommodation, the

court—

(a)
which remanded the child, or

(b)
to which the child was remanded,


may designate a local authority (“B”) as the designated authority for the

child in substitution for the authority previously designated (whether that

previous designation was made when the child was remanded or under

this subsection).

(7D)
Where a child has at any one time been subject to two or more remands

to youth detention accommodation, a court which has jurisdiction to

make a replacement designation under subsection (7C) in connection

with one or some of the remands also has jurisdiction to make such a

replacement designation in connection with each of the other remands.

(7E)
Where a replacement designation is made under subsection (7C) after the

end of the period of remand concerned, the substitution of B for the

previously-designated authority has effect only for the purposes of

regulations under section 103.

Notices of Amendments: 1 March 2013
849

Crime and Courts Bill [Lords] continued

(7F)
Where a replacement designation is made under subsection (7C) during

the period of remand concerned, the substitution of B for the previously-

designated authority—

(a)
has effect, as respects the part of that period ending with the

making of the replacement designation, only for the purposes of

regulations under section 103, and

(b)
has effect, as respects the remainder of that period, for all of the

purposes listed in subsection (6).

(7G)
A court may make a replacement designation under subsection (7C) only

if it considers that, had everything it knows been known by the court

which made the previous designation, that court would have designated

B instead.

(7H)
Where a replacement designation is made under subsection (7C) in

relation to a remand, the previously-designated authority is to be repaid

any sums it paid in respect of the remand pursuant to regulations under

section 103.

(7J)
A court which has jurisdiction to make a replacement direction under

subsection (7C) may exercise that jurisdiction on an application by a

local authority or of its own motion.”

(6)
A replacement designation under the new section 102(7C) may be made in

respect of a remand ordered before this section comes into force, and the

amendments made by this section have effect for the purpose of making a

replacement designation in any such case; but, in such a case, the substitution of

B for the previously-designated authority (and any entitlement to repayment

under new section 102(7H)) does not have effect as respects any time before this

section comes into force.

(7)
Except as provided by subsection (6), the amendments made by this section have

effect only in relation to remands ordered after this section comes into force.’.

Supreme Court chief executive, officers and staff

Secretary Theresa May

NC5

To move the following Clause:—

‘(1)
For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the

Supreme Court to be appointed by Lord Chancellor after consulting President of

the Court) substitute—

“(2)
It is for the President of the Court to appoint the chief executive.”

(2)
Section 49 of that Act (officers and staff of the Supreme Court) is amended as

follows.

(3)
In subsection (2) (number of officers and staff, and their terms, are for the chief

executive but subject to the provision in subsection (3) about application of civil

service pension arrangements)—

(a)
for “these matters with the agreement of the Lord Chancellor—”

substitute “the following matters—”, and

(b)
for “subsection” substitute “subsections (2A) and”.

(4)
After subsection (2) insert—

Notices of Amendments: 1 March 2013
850

Crime and Courts Bill [Lords] continued

“(2A)
Service as the chief executive of the Court, and service as an officer or

staff appointed under subsection (1), is service in the civil service of the

State.”

(5)
In subsection (3) (civil service pension arrangements apply to chief executive,

officers and staff) for “The” at the beginning substitute “Accordingly, the”.’.

Making and use of recordings of Supreme Court proceedings

Secretary Theresa May

NC6

To move the following Clause:—

‘(1)
Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is

amended as follows.

(2)
After subsection (1) insert—

“(1A)
In the case of a recording of Supreme Court proceedings, subsection

(1)(b) does not apply to its publication or disposal with the leave of the

Court.”

(3)
In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions,

withdrawal and amendment)—

(a)
after “paragraph (a) of subsection (1)” insert “, or under subsection

(1A),”,

(b)
for “if granted may” substitute “if granted—

(a)
may, in the case of leave under subsection (1)(a),”, and

(c)
after “leave; and” insert—

“(b)
may, in the case of leave under subsection (1A), be

granted subject to such conditions as the Supreme Court

thinks proper with respect to publication or disposal of

any recording to which the leave relates;


and”.

(4)
In subsection (1) (activities which are contempt of court) after paragraph (c)

insert—

“(d)
to publish or dispose of any recording in contravention of any

conditions of leave granted under subsection (1A).”’.

Secretary Theresa May

NS1

To move the following Schedule:—

‘The NCA: Northern Ireland

Provisions that do not extend to Northern Ireland

1    (1)
The relevant NCA provisions do not extend to Northern Ireland.

      (2)
The Secretary of State may, by order, provide that any other provision of Part

1 of this Act is not to extend to Northern Ireland.

      (3)
This paragraph is subject to paragraph 2.

Power to provide for provisions to extend to Northern Ireland

2
The Secretary of State may, by order, provide for any of the following to

extend to Northern Ireland—

Notices of Amendments: 1 March 2013
851

Crime and Courts Bill [Lords] continued

(a)
any relevant NCA provision;

(b)
any provision in respect of which an order has been made under

paragraph 1(2).

Provisions extended to Northern Ireland: consequential provision

3
The Secretary of State may, by order, make such provision as the Secretary of

State considers appropriate in consequence of, or in connection with, a

provision of this Act extending to Northern Ireland by virtue of an order under

paragraph 2.

Provisions not extending to Northern Ireland: consequential provision

4
The Secretary of State may, by order, make such provision as the Secretary of

State considers appropriate in consequence of, or in connection with, a

provision of this Act not extending to Northern Ireland by virtue of—

(a)
paragraph 1(1), or

(b)
an order under paragraph 1(2).

NCA functions in Northern Ireland

5
The Secretary of State may, by order, make such provision as the Secretary of

State considers appropriate for modifying the ways in which—

(a)
NCA functions are exercised in Northern Ireland, or

(b)
the exercise of NCA functions in Northern Ireland is planned or

supervised.

Consent of Northern Ireland Assembly to transferred provision

6    (1)
The Secretary of State may not make an order under this Schedule which

makes transferred provision unless the Northern Ireland Assembly consents to

the making of that provision.

      (2)
In this paragraph “transferred provision” means provision which, if it were

contained in an Act of the Northern Ireland Assembly—

(a)
would be within the legislative competence of the Assembly, and

(b)
would deal with a transferred matter without being ancillary to other

provision (whether in the Act or previously enacted) which deals with

an excepted matter or reserved matter.

Orders under this Schedule: particular provision

7    (1)
The provision that may be made by an order under paragraph 2, 3, 4 or 5

(whether by virtue of that paragraph or section 43(12)) includes—

(a)
provision conferring, removing or otherwise modifying a function

(whether or not exercisable in, or in relation to, Northern Ireland);

(b)
provision amending, repealing, revoking or otherwise modifying any

enactment (including an enactment contained in, or amended by, this

Act).

      (2)
The making of an order under any provision of this Schedule does not

prevent—

(a)
a further order from being made under that provision, or

(b)
an order from being made under any other provision of this Schedule.

      (3)
An order under paragraph 2 or 3 may modify or reverse the effects of an order

made under paragraph 4.

Notices of Amendments: 1 March 2013
852

Crime and Courts Bill [Lords] continued

      (4)
Sub-paragraphs (1) to (3) do not limit the powers conferred by paragraphs 2,

3, 4 and 5.

      (5)
In this paragraph “function” includes—

(a)
an NCA function, and

(b)
a function of the Secretary of State.

Interpretation

8
Expressions used in this Schedule and in Part 1 of this Act have the same

meanings in this Schedule as in that Part.

9
For the purposes of this Schedule, each of the provisions of this Act specified

in the following table (including any amendment, repeal or revocation made

by such a provision) is a “relevant NCA provision”.

The relevant NCA provisions

Section 2
—subsection (2)(a) so far as it requires consultation with

the Department of Justice in Northern Ireland

Section 3
—subsection (6)(a) so far as it requires consultation with

the Department of Justice in Northern Ireland

—subsection (7)(b)

—subsection (8)(c)

Section 10
—subsection (8)

Schedule 1
—paragraph 7(1)(b)

—paragraph 8(3)(b)

Schedule 2
—paragraph 5(b)

—paragraph 6(2)(b)(ii), (4) and (5)

—paragraph 8(4) and (5)

Schedule 3
—paragraph 1(2) so far as it imposes a duty on:

  (a) a member of the Police Service of Northern Ireland,

  or

  (b) a person operating in Northern Ireland who falls

  within paragraph 1(3)(f)

—paragraph 3 so far as it relates to the Chief Constable of

the Police Service of Northern Ireland

—paragraph 14

—paragraph 15

—paragraph 25

—paragraph 26(3)(b)

Schedule 5
—paragraph 11(1)(c)

—paragraph 11(6) to (8)

—in paragraph 11(9), the definitions of “Northern Ireland

general authorisation” and “Northern Ireland operational

authorisation”

—paragraph 13

—in paragraph 30, the definition of “powers and

privileges of a Northern Ireland constable”

Schedule 6
—paragraph 19

Schedule 8
—the provisions of Part 2 and Part 3 so far as they relate to

transferred matters

Notices of Amendments: 1 March 2013
853

Crime and Courts Bill [Lords] continued

10
In this Schedule—

“ancillary” has the meaning given in section 6(3) of the Northern Ireland

Act 1998;

“excepted matter”, “reserved matter” and “transferred matter” have the

meanings given by section 4(1) of the Northern Ireland Act 1998.’.

Secretary Theresa May

NS2

To move the following Schedule:—

‘Proceeds of crime provisions: Northern Ireland

Part 1

Civil recovery provisions

Meaning of “relevant civil recovery provision”

1
For the purposes of this Part of this Schedule, each of the following is a

“relevant civil recovery provision”—

(a)
section 33(2), (3), (5) and (6);

(b)
section 33(7) so far as it relates to amendments made by section 33(2),

(3) and (5) and Part 2 of Schedule 17;

(c)
each provision in Schedule 17;

(d)
each amendment or repeal made by the provisions mentioned in

paragraphs (a) and (c).

Relevant civil recovery provisions not to extend to Northern Ireland unless order made

2    (1)
The relevant civil recovery provisions do not extend to Northern Ireland.

      (2)
But that is subject to paragraph 3.

Power to provide for relevant civil recovery provisions to extend to Northern Ireland

3
The Secretary of State may, by order, provide for one or more of the relevant

civil recovery provisions to extend to Northern Ireland.

Relevant civil recovery provision extending to Northern Ireland

4    (1)
The Secretary of State may, by order, make such provision as the Secretary of

State considers appropriate in consequence of, or in connection with, a relevant

civil recovery provision extending to Northern Ireland.

      (2)
An order under this paragraph may, in particular—

(a)
provide for section 282A of the Proceeds of Crime Act 2002 to have

effect in relation to orders made by the High Court in Northern Ireland;

(b)
provide for an enforcement authority in relation to Northern Ireland to

make requests for assistance under section 282B of that Act;

(c)
provide for a receiver appointed under an order made by the High

Court in Northern Ireland to make requests for assistance under

section 282C of that Act;

(d)
provide for the High Court in Northern Ireland or a receiver appointed

by an order made by that court to make requests for assistance under

section 282D of that Act;



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