Session 2012 - 13
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Notices of Amendments: 11 March 2013                  

928

 

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.’.

 



 
 

Notices of Amendments: 11 March 2013                  

929

 

Crime and Courts Bill-[Lords], continued

 
 

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;

 

(e)    

provide for an enforcement authority or trustee for civil recovery to

 

make a request for assistance under section 282F of that Act where a

 

recovery order has been made by the High Court in Northern Ireland;

 

(f)    

provide for section 316(8B) of that Act to have effect in relation to an

 

enforcement authority in relation to Northern Ireland.


 
 

Notices of Amendments: 11 March 2013                  

930

 

Crime and Courts Bill-[Lords], continued

 
 

Relevant civil recovery provision not extending to Northern Ireland

 

5          

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 not extending to Northern Ireland.

 

Consent of Northern Ireland Assembly to transferred provision

 

6    (1)  

The Secretary of State may not make an order under this Part of 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 or reserved matter.

 

      (3)  

In sub-paragraph (2)—

 

“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.

 

Orders under this Part of this Schedule: particular provision

 

7    (1)  

The provision that may be made by an order under paragraph 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)  

Such an order may provide for provision amending, repealing or otherwise

 

modifying Chapter 2 or 4 of Part 5 of the Proceeds of Crime Act 2002 to have

 

retrospective effect.

 

      (3)  

The making of an order under any provision of this Part 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 Part of this

 

Schedule.

 

      (4)  

An order under paragraph 3 or 4 may modify or reverse the effects of an order

 

made under paragraph 5.

 

      (5)  

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

 

and 5.

 

      (6)  

In this paragraph—

 

“enactment” means any enactment, whenever passed or made, contained

 

in—

 

(c)    

an Act of Parliament;

 

(d)    

an Act of the Scottish Parliament;

 

(e)    

Northern Ireland legislation;

 

(f)    

a Measure or Act of the National Assembly for Wales;

 

(g)    

an instrument made under any such Act, legislation or Measure;


 
 

Notices of Amendments: 11 March 2013                  

931

 

Crime and Courts Bill-[Lords], continued

 
 

(h)    

any other subordinate legislation (within the meaning of the

 

Interpretation Act 1978);

 

“function” means a function of any description, including a power or duty

 

(whether conferred by an enactment or arising otherwise).

 

Part 2

 

Investigation provisions

 

Meaning of “relevant investigation provision”

 

8          

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

 

“relevant investigation provision”—

 

(a)    

each provision in paragraphs 2 to 13, 25 to 27, 29 and 30 of Schedule

 

18 (including each amendment or repeal made by those provisions),

 

and

 

(b)    

section 34 so far as it relates to each of those provisions.

 

Relevant investigation provisions not to extend to Northern Ireland unless order made

 

9    (1)  

The relevant investigation provisions do not extend to Northern Ireland.

 

      (2)  

But that is subject to paragraph 10.

 

Power to provide for relevant investigation provisions to extend to Northern Ireland

 

10         

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

 

investigation provisions to extend to Northern Ireland.

 

Relevant investigation provision extending to Northern Ireland

 

11         

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

 

investigation provision extending to Northern Ireland.

 

Relevant investigation provision not extending to Northern Ireland

 

12         

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

 

investigation provision not extending to Northern Ireland.

 

Consent of Northern Ireland Assembly to transferred provision

 

13  (1)  

The Secretary of State may not make an order under this Part of 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 a reserved matter.

 

      (3)  

In sub-paragraph (2)—

 

“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.


 
 

Notices of Amendments: 11 March 2013                  

932

 

Crime and Courts Bill-[Lords], continued

 
 

Orders under this Part of this Schedule: particular provision

 

14  (1)  

The provision that may be made by an order under paragraph 10, 11 or 12

 

(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 Part 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 Part of this

 

Schedule.

 

      (3)  

An order under paragraph 10 or 11 may modify or reverse the effects of an

 

order made under paragraph 12.

 

      (4)  

Sub-paragraphs (1) to (3) do not limit the powers conferred by paragraphs 10,

 

11 and 12.

 

      (5)  

In this paragraph—

 

“enactment” means any enactment, whenever passed or made, contained

 

in—

 

(a)    

an Act of Parliament;

 

(b)    

an Act of the Scottish Parliament;

 

(c)    

Northern Ireland legislation;

 

(d)    

a Measure or Act of the National Assembly for Wales;

 

(e)    

an instrument made under any such Act, legislation or Measure;

 

(f)    

any other subordinate legislation (within the meaning of the

 

Interpretation Act 1978);

 

“function” means a function of any description, including a power or duty

 

(whether conferred by an enactment or arising otherwise).’.

 


 

Secretary Theresa May

 

5

 

Page  115,  line  37  [Schedule  8],  at end insert—

 

    ‘( )  

In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for

 

“members of staff of SOCA” substitute “NCA officers”.’.

 


 

Secretary Theresa May

 

6

 

Page  117,  line  3  [Schedule  8],  at end insert—

 

    ‘( )  

In section 339ZA (disclosures to SOCA)—

 

(a)    

in the title, for “SOCA” substitute “the NCA”;


 
 

Notices of Amendments: 11 March 2013                  

933

 

Crime and Courts Bill-[Lords], continued

 
 

(b)    

for “Director General of the Serious Organised Crime Agency”

 

substitute “Director General of the National Crime Agency”.’.

 


 

Secretary Theresa May

 

7

 

Page  118,  line  38  [Schedule  8],  at end insert—

 

    ‘( )  

In subsection (6)—

 

(a)    

for “a member of SOCA’s staff” substitute “an NCA officer”;

 

(b)    

for “SOCA” substitute “the Director General of the NCA”.’.

 


 

Secretary Theresa May

 

8

 

Page  121,  line  30  [Schedule  8],  leave out ‘officer’ and insert ‘agency’.

 

Secretary Theresa May

 

9

 

Page  121,  line  32  [Schedule  8],  leave out from beginning to end of line 34 and

 

insert—

 

‘“(b)    

the National Crime Agency;”.’.

 


 

Secretary Theresa May

 

10

 

Page  166,  line  12  [Schedule  10],  after ‘court’ insert ‘and to be varied by that court’.

 


 

Secretary Theresa May

 

11

 

Page  167,  line  15  [Schedule  10],  leave out paragraph 8 and insert—

 

‘8  (1)  

Section 4 (variation etc of orders registered in a magistrates’ court) is amended

 

as follows.

 

      (2)  

In subsection (1) (orders in relation to which section 4 applies) for “orders

 

registered in magistrates’ courts” substitute “High Court orders registered in

 

the family court”.

 

      (3)  

In subsection (2)(a) (court of registration may vary rate of payments specified

 

by order)—

 

(a)    

for “court of registration” substitute “family court”, and

 

(b)    

for “original court” substitute “High Court”.

 

      (4)  

In subsection (2)(b) (general rule that variation of rate of payments specified

 

by registered order is to be by court of registration) for the words from “court

 

of registration” to the end substitute “family court.”


 
 

Notices of Amendments: 11 March 2013                  

934

 

Crime and Courts Bill-[Lords], continued

 
 

      (5)  

Omit subsections (2A) to (2C), (5A), (5B) and (7).

 

      (6)  

In subsection (4) (power of court of registration to remit application for

 

variation of rate of payments to original court)—

 

(a)    

omit “it appears to the court to which”,

 

(b)    

after “registered order” insert “and it appears to the family court”,

 

(c)    

for “original court”, in both places, substitute “High Court”, and

 

(d)    

for “first-mentioned court” substitute “family court”.

 

      (7)  

In subsection (5) (other circumstances in which original court has jurisdiction

 

to vary rate of payments) for “original court” substitute “High Court”.

 

      (8)  

In subsection (6A) (with the exception of power to make provision as to means

 

of payment, magistrates’ courts in England and Wales have no power to vary

 

certain orders made by Court of Session or by High Court in Northern

 

Ireland)—

 

(a)    

for the words before “variation” substitute “Although such an order as

 

is mentioned in this subsection may be varied under section 1 of the

 

Maintenance Enforcement Act 1991 as applied by section 4A(2) of

 

this Act, no application for any other”,

 

(b)    

for “any court” substitute “the family court”,

 

(c)    

for “that court” substitute “the family court”, and

 

(d)    

for “section 1(2)” substitute “sections 1(2) and 2(6A)”.

 

      (9)  

In subsection (6B) (no application to be made to a magistrates’ court for

 

variation of certain orders) for “any court” substitute “the family court”.’.

 

Secretary Theresa May

 

12

 

Page  167,  line  36  [Schedule  10],  leave out ‘or an officer of that court’.

 

Secretary Theresa May

 

13

 

Page  167,  line  39  [Schedule  10],  leave out ‘or an officer of that court’.

 


 

Secretary Theresa May

 

14

 

Page  177,  line  37  [Schedule  10],  leave out ‘or an officer of the court’.

 

Secretary Theresa May

 

15

 

Page  177,  line  40  [Schedule  10],  leave out ‘, or an officer of the court,’.

 


 

Secretary Theresa May

 

16

 

Page  181  [Schedule  10],  leave out lines 21 and 22.


 
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Revised 12 March 2013