House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

961

House of Commons

Wednesday 13 March 2013

Consideration of Bill

Crime and Courts Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Crime and Courts

Bill [Lords] (Programme)(No.2) Motion to be proposed by Secretary Theresa May.

First Day

NEW CLAUSES AND NEW SCHEDULES RELATING TO THE NATIONAL CRIME AGENCY

(EXCEPT ANY RELATING ALSO TO EXTRADITION, INCLUDING EUROPEAN ARREST

WARRANTS

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.

Consideration of Bill: 13 March 2013
962

Crime and Courts Bill [Lords] continued

(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).’.

National Crime Agency review

Mr David Hanson

Stella Creasy

Yvette Cooper

Phil Wilson

NC2

To move the following Clause:—

‘A review shall be completed within 12 months of Royal Assent of the functions

and operations of the National Crime Agency with particular regard to—

(a)
the governance structures as set out in section 1, together with resources,

training and inspection; and

(b)
operational and governance arrangements between the UK Government,

the Department of Justice, Northern Ireland and the Scottish Government

with particular reference to asset recovery.’.

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

Consideration of Bill: 13 March 2013
963

Crime and Courts Bill [Lords] continued

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.

      (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.

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

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

10
In this Schedule—

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

Act 1998;

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

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

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

NEW CLAUSES AND NEW SCHEDULES RELATING TO PROCEEDS OF CRIME, EXCEPT ANY

RELATED TO LEGAL AID

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;

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

(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.

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—

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

“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).

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



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