House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Notices of Amendments: 11 March 2013
921

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

22

Page  17,  line  21  [Clause  18],  at end insert—

‘Part 4A amends the selection procedure for certain senior judicial

appointments until Part 4 of the Schedule is in force,’.

Paul Murphy

Paul Goggins

Jenny Chapman

1

Page  21,  line  22  [Clause  24],  at end insert—

‘(6A)
In fixing such an amount, and subsequent additions, account must be taken of the

person’s relevant weekly income, excluding housing benefit and child related

benefits, and allowance must be made for the protection of a reasonable financial

subsistence level, in the manner used to determine the initial fine.’.

John McDonnell

Mr Elfyn Llwyd

103

Page  21,  line  25  [Clause  24],  leave out subsection (2).

John McDonnell

Mr Elfyn Llwyd

96

Page  22,  line  3  [Clause  24],  at end insert—

‘(5A)
The Lord Chancellor must, by regulation, in statutory instrument of which a draft

has been laid before and approved by resolution of each House of Parliament,

provide the amount of any costs for services carried out for the purposes of

collecting sums.’.

John McDonnell

Mr Elfyn Llwyd

97

Page  23,  line  11  [Clause  25],  leave out ‘person’ and insert ‘civil servant’.

Notices of Amendments: 11 March 2013
922

Crime and Courts Bill-[Lords], continued

John McDonnell

Mr Elfyn Llwyd

98

Page  24,  line  1  [Clause  25],  leave out paragraph (3).

Secretary Theresa May

60

Page  31,  line  39  [Clause  28],  at end insert—

‘(5A)
The preceding provisions of this section do not apply in relation to Supreme Court

proceedings.’.

Secretary Theresa May

61

Page  33,  line  33  [Clause  33],  after ‘High Court’ insert ‘in England and Wales’.

Secretary Theresa May

62

Page  34,  line  2  [Clause  33],  after ‘High Court’ insert ‘in England and Wales’.

Secretary Theresa May

63

Page  34,  line  14  [Clause  33],  leave out from beginning to ‘and’ in line 15.

Secretary Theresa May

64

Page  36,  line  10  [Clause  33],  leave out ‘a part of the United Kingdom’ and insert

‘England and Wales or Scotland’.

Stella Creasy

Mr David Hanson

Jenny Chapman

Phil Wilson

94

Page  38,  line  11  [Clause  37],  at end insert—

‘(6A)
In section 50(2) (Procedure) of the Immigration, Asylum and Nationality Act

2006, after paragraph (c) the following shall be inserted—

Notices of Amendments: 11 March 2013
923

Crime and Courts Bill-[Lords], continued

“(d)
may require an immigration officer to take reasonable action to

obtain from the applicant additional relevant information or

documents they they consider not to be included in the original

application before a decision is taken.

(e)
must make provision for an immigration officer to contact the

applicant with regard to the form, documents, information or fee

specified in paragraphs (a), (b), (c) and (d).”.

(6B)
The Government will report annually to Parliament on the number of times an

immigration officer has been required to obtain additional relevant information

not included in the original application.

(6C)
The Government will report annually to Parliament on the number of appeals

against refusal entry clearance to visit the UK that are refused due to the non-

submission of relevant information or documents.’.

Mr David Burrowes

120


Page  45,  line  44  [Clause  41],  at end insert—

‘(3A)
In section 3ZB of the 1988 Act (causing death by driving: unlicensed, disqualified

or uninsured drivers), after (c) insert—

“(d)
section 5A of this Act (driving or being in charge of a motor

vehicle with concentration of specified controlled drug above

specified limit).”.’.

Mr David Hanson

Stella Creasy

Phil Wilson

2

Page  46,  line  31  [Clause  37],  at end add—

‘(8)
The Secretary of State shall have responsibility to ensure that within 12 months

of Royal Assent an assessment has been made by the Home Office on the impact

of this section on equipment, training and resources with particular regard to

published impact assessments from the Home Office, Department for Transport,

Department of Justice and the Crown Prosecution Service.’.

Mr David Nuttall

89

Page  46,  line  34  [Clause  42],  at end insert—

‘(1A)
In section 4(1) (“Fear or provocation of violence”) for “abusive or insulting” in

the two places where it occurs substitute “or abusive”.

(1B)
In section 4A(1) (“Intentional harassment, alarm or distress”) for “abusive or

insulting” in the two places where it occurs substitute “or abusive”.’.

Notices of Amendments: 11 March 2013
924

Crime and Courts Bill-[Lords], continued

Mr David Nuttall

90

Page  46,  line  36  [Clause  42],  at end insert—

‘(6)
In section 6(3) (“mental element: miscellaneous”) for “abusive or insulting” in

the two places where it occurs substitute “or abusive”.’.

Secretary Theresa May

72

Page  47,  line  5  [Clause  43],  leave out ‘2’ and insert ‘[Modification of NCA

functions]’.

Secretary Theresa May

119


Page  47,  line  21  [Clause  43],  at end insert—

‘( )
regulations under section [Restraint orders and legal aid:

supplementary];’.

Secretary Theresa May

73

Page  47,  line  27  [Clause  43],  at end insert—

‘(k)
an order under paragraph 5 of Schedule [The NCA: Northern Ireland].’.

Secretary Theresa May

74

Page  47,  line  37  [Clause  43],  at end insert—

‘( )
an order under paragraph 1, 2, 3 or 4 of Schedule [The NCA: Northern

Ireland].’.

Secretary Theresa May

75

Page  47,  line  37  [Clause  43],  at end insert—

‘( )
an order under Schedule [Proceeds of crime provisions: Northern

Ireland].’.

Secretary Theresa May

77

Page  49,  line  13  [Clause  46],  after first ‘to’ insert ‘26 and [Supreme Court chief

executive, officers and staff] and’.

Secretary Theresa May

78

Page  49,  line  13  [Clause  46],  before ‘28’ insert ‘27 and’.

Secretary Theresa May

79

Page  49,  line  13  [Clause  46],  leave out ‘(except section 24(2))’.

Notices of Amendments: 11 March 2013
925

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

80

Page  49,  line  15  [Clause  46],  at end insert—

‘( )
Subsection (3) does not apply to—

(a)
Part 4A of Schedule 13, or section 18 so far as relating to that Part;

(b)
section 24(2).’.

Secretary Theresa May

81

Page  49,  line  15  [Clause  46],  at end insert—

‘( )
Section [Varying designations of authorities responsible for remanded young

persons] comes into force on the day after the day on which this Act is passed.’.

Secretary Theresa May

82

Page  49,  line  16  [Clause  46],  after ‘24(2)’ insert ‘, [Making and use of recordings

of Supreme Court proceedings]’.

Secretary Theresa May

83

Page  49,  line  30  [Clause  46],  leave out subsection (8) and insert—

‘(8)
The following come into force on the day on which this Act is passed—

(a)
Part 4A of Schedule 13, and section 18 so far as relating to that Part;

(b)
section 33 (except subsection (6)(a));

(c)
Part 2 of Schedule 17;

(d)
sections 43 to 45 and this section.’.

Secretary Theresa May

84

Page  49,  line  31  [Clause  46],  at end insert—

‘( )
Section 30 comes into force on the day on which this Act is passed.’.

Secretary Theresa May

85

Page  49,  line  31  [Clause  46],  at end insert—

‘( )
Schedule [The NCA: Northern Ireland] comes into force on the day on which this

Act is passed.’.

Secretary Theresa May

86

Page  49,  line  31  [Clause  46],  at end insert—

‘( )
Schedule [Proceeds of crime provisions: Northern Ireland] comes into force on

the day on which this Act is passed.’.

Notices of Amendments: 11 March 2013
926

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

87

Page  50,  line  13  [Clause  46],  at end insert—

‘( )
This section is subject to Schedule [The NCA: Northern Ireland] (the NCA:

Northern Ireland).’.

Secretary Theresa May

88

Page  50,  line  13  [Clause  46],  at end insert—

‘( )
This section is subject to Schedule [Proceeds of crime provisions: Northern

Ireland] (proceeds of crime provisions: Northern Ireland).’.

New Schedules

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—

(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).

Notices of Amendments: 11 March 2013
927

Crime and Courts Bill-[Lords], continued

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.

      (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



© Parliamentary copyright	Revised 12 March 2013