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| ‘Proceeds of crime provisions: Northern Ireland |
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| | Civil recovery provisions |
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| | Meaning of “relevant civil recovery provision” |
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| | 1 | For the purposes of this Part of this Schedule, each of the following is a |
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| | “relevant civil recovery provision”— |
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| | (a) | section 33(2), (3), (5) and (6); |
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| | (b) | section 33(7) so far as it relates to amendments made by section 33(2), |
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| | (3) and (5) and Part 2 of Schedule 17; |
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| | (c) | each provision in Schedule 17; |
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| | (d) | each amendment or repeal made by the provisions mentioned in |
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| | Relevant civil recovery provisions not to extend to Northern Ireland unless order made |
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| | 2 (1) | The relevant civil recovery provisions do not extend to Northern Ireland. |
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| | (2) | But that is subject to paragraph 3. |
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| | Power to provide for relevant civil recovery provisions to extend to Northern Ireland |
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| | 3 | The Secretary of State may, by order, provide for one or more of the relevant |
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| | civil recovery provisions to extend to Northern Ireland. |
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| | Relevant civil recovery provision extending to Northern Ireland |
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| | 4 (1) | The Secretary of State may, by order, make such provision as the Secretary of |
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| | State considers appropriate in consequence of, or in connection with, a relevant |
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| | civil recovery provision extending to Northern Ireland. |
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| | (2) | An order under this paragraph may, in particular— |
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| | (a) | provide for section 282A of the Proceeds of Crime Act 2002 to have |
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| | effect in relation to orders made by the High Court in Northern Ireland; |
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| | (b) | provide for an enforcement authority in relation to Northern Ireland to |
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| | make requests for assistance under section 282B of that Act; |
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| | (c) | provide for a receiver appointed under an order made by the High |
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| | Court in Northern Ireland to make requests for assistance under |
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| | section 282C of that Act; |
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| | (d) | provide for the High Court in Northern Ireland or a receiver appointed |
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| | by an order made by that court to make requests for assistance under |
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| | section 282D of that Act; |
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| | (e) | provide for an enforcement authority or trustee for civil recovery to |
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| | make a request for assistance under section 282F of that Act where a |
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| | recovery order has been made by the High Court in Northern Ireland; |
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| | (f) | provide for section 316(8B) of that Act to have effect in relation to an |
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| | enforcement authority in relation to Northern Ireland. |
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| | Relevant civil recovery provision not extending to Northern Ireland |
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| | 5 | The Secretary of State may, by order, make such provision as the Secretary of |
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| | State considers appropriate in consequence of, or in connection with, a relevant |
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| | civil recovery provision not extending to Northern Ireland. |
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| | Consent of Northern Ireland Assembly to transferred provision |
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| | 6 (1) | The Secretary of State may not make an order under this Part of this Schedule |
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| | which makes transferred provision unless the Northern Ireland Assembly |
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| | consents to the making of that provision. |
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| | (2) | In this paragraph “transferred provision” means provision which, if it were |
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| | contained in an Act of the Northern Ireland Assembly— |
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| | (a) | would be within the legislative competence of the Assembly, and |
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| | (b) | would deal with a transferred matter without being ancillary to other |
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| | provision (whether in the Act or previously enacted) which deals with |
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| | an excepted or reserved matter. |
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| | (3) | In sub-paragraph (2)— |
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| | “ancillary” has the meaning given in section 6(3) of the Northern Ireland |
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| | “excepted matter”, “reserved matter” and “transferred matter” have the |
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| | meanings given by section 4(1) of the Northern Ireland Act 1998. |
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| | Orders under this Part of this Schedule: particular provision |
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| | 7 (1) | The provision that may be made by an order under paragraph 3, 4 or 5 (whether |
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| | by virtue of that paragraph or section 43(12)) includes— |
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| | (a) | provision conferring, removing or otherwise modifying a function |
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| | (whether or not exercisable in, or in relation to, Northern Ireland); |
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| | (b) | provision amending, repealing, revoking or otherwise modifying any |
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| | enactment (including an enactment contained in, or amended by, this |
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| | (2) | Such an order may provide for provision amending, repealing or otherwise |
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| | modifying Chapter 2 or 4 of Part 5 of the Proceeds of Crime Act 2002 to have |
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| | (3) | The making of an order under any provision of this Part of this Schedule does |
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| | (a) | a further order from being made under that provision, or |
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| | (b) | an order from being made under any other provision of this Part of this |
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| | (4) | An order under paragraph 3 or 4 may modify or reverse the effects of an order |
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| | (5) | Sub-paragraphs (1) to (4) do not limit the powers conferred by paragraphs 3, 4 |
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| | “enactment” means any enactment, whenever passed or made, contained |
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| | (a) | an Act of Parliament; |
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| | (b) | an Act of the Scottish Parliament; |
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| | (c) | Northern Ireland legislation; |
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| | (d) | a Measure or Act of the National Assembly for Wales; |
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| | (e) | an instrument made under any such Act, legislation or Measure; |
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| | (f) | any other subordinate legislation (within the meaning of the |
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| | Interpretation Act 1978); |
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| | “function” means a function of any description, including a power or duty |
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| | (whether conferred by an enactment or arising otherwise). |
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| | Meaning of “relevant investigation provision” |
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| | 8 | For the purposes of this Part of this Schedule, each of the following is a |
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| | “relevant investigation provision”— |
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| | (a) | each provision in paragraphs 2 to 13, 25 to 27, 29 and 30 of Schedule |
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| | 18 (including each amendment or repeal made by those provisions), |
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| | (b) | section 34 so far as it relates to each of those provisions. |
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| | Relevant investigation provisions not to extend to Northern Ireland unless order made |
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| | 9 (1) | The relevant investigation provisions do not extend to Northern Ireland. |
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| | (2) | But that is subject to paragraph 10. |
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| | Power to provide for relevant investigation provisions to extend to Northern Ireland |
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| | 10 | The Secretary of State may, by order, provide for one or more of the relevant |
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| | investigation provisions to extend to Northern Ireland. |
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| | Relevant investigation provision extending to Northern Ireland |
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| | 11 | The Secretary of State may, by order, make such provision as the Secretary of |
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| | State considers appropriate in consequence of, or in connection with, a relevant |
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| | investigation provision extending to Northern Ireland. |
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| | Relevant investigation provision not extending to Northern Ireland |
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| | 12 | The Secretary of State may, by order, make such provision as the Secretary of |
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| | State considers appropriate in consequence of, or in connection with, a relevant |
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| | investigation provision not extending to Northern Ireland. |
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| | Consent of Northern Ireland Assembly to transferred provision |
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| | 13 (1) | The Secretary of State may not make an order under this Part of this Schedule |
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| | which makes transferred provision unless the Northern Ireland Assembly |
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| | consents to the making of that provision. |
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| | (2) | In this paragraph “transferred provision” means provision which, if it were |
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| | contained in an Act of the Northern Ireland Assembly— |
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| | (a) | would be within the legislative competence of the Assembly, and |
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| | (b) | would deal with a transferred matter without being ancillary to other |
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| | provision (whether in the Act or previously enacted) which deals with |
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| | an excepted matter or a reserved matter. |
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| | (3) | In sub-paragraph (2)— |
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| | “ancillary” has the meaning given in section 6(3) of the Northern Ireland |
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| | “excepted matter”, “reserved matter” and “transferred matter” have the |
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| | meanings given by section 4(1) of the Northern Ireland Act 1998. |
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| | Orders under this Part of this Schedule: particular provision |
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| | 14 (1) | The provision that may be made by an order under paragraph 10, 11 or 12 |
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| | (whether by virtue of that paragraph or section 43(12)) includes— |
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| | (a) | provision conferring, removing or otherwise modifying a function |
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| | (whether or not exercisable in, or in relation to, Northern Ireland); |
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| | (b) | provision amending, repealing, revoking or otherwise modifying any |
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| | enactment (including an enactment contained in, or amended by, this |
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| | (2) | The making of an order under any provision of this Part of this Schedule does |
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| | (a) | a further order from being made under that provision, or |
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| | (b) | an order from being made under any other provision of this Part of this |
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| | (3) | An order under paragraph 10 or 11 may modify or reverse the effects of an |
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| | order made under paragraph 12. |
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| | (4) | Sub-paragraphs (1) to (3) do not limit the powers conferred by paragraphs 10, |
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| | “enactment” means any enactment, whenever passed or made, contained |
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| | (a) | an Act of Parliament; |
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| | (b) | an Act of the Scottish Parliament; |
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| | (c) | Northern Ireland legislation; |
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| | (d) | a Measure or Act of the National Assembly for Wales; |
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| | (e) | an instrument made under any such Act, legislation or Measure; |
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| | (f) | any other subordinate legislation (within the meaning of the |
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| | Interpretation Act 1978); |
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| | “function” means a function of any description, including a power or duty |
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| | (whether conferred by an enactment or arising otherwise).’. |
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| AMENDMENTS TO PART 1, SCHEDULE 22, CLAUSES 33 AND 34 AND SCHEDULES 17 AND |
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| Page 2, line 42 [Clause 2], leave out ‘may’ and insert ‘must’. |
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| Page 6, line 37 [Clause 7], at beginning insert ‘Subject to approval by the Secretary |
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| of State for the Home Department,’. |
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| Page 10, line 15, leave out Clause 12. |
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| Page 11, line 1, leave out Clause 13. |
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| Page 115, line 37 [Schedule 8], at end insert— |
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| | ‘( ) | In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for |
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| | “members of staff of SOCA” substitute “NCA officers”.’. |
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| Page 117, line 3 [Schedule 8], at end insert— |
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| | ‘( ) | In section 339ZA (disclosures to SOCA)— |
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| | (a) | in the title, for “SOCA” substitute “the NCA”; |
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| | (b) | for “Director General of the Serious Organised Crime Agency” |
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| | substitute “Director General of the National Crime Agency”.’. |
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| Page 118, line 38 [Schedule 8], at end insert— |
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| | (a) | for “a member of SOCA’s staff” substitute “an NCA officer”; |
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| | (b) | for “SOCA” substitute “the Director General of the NCA”.’. |
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| Page 121, line 30 [Schedule 8], leave out ‘officer’ and insert ‘agency’. |
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| Page 121, line 32 [Schedule 8], leave out from beginning to end of line 34 and |
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| | ‘“(b) | the National Crime Agency;”.’. |
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| Page 336, line 26 [Schedule 22], leave out ‘2’ and insert ‘[Modification of NCA |
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| Page 33, line 33 [Clause 33], after ‘High Court’ insert ‘in England and Wales’. |
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| Page 34, line 2 [Clause 33], after ‘High Court’ insert ‘in England and Wales’. |
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| Page 34, line 14 [Clause 33], leave out from beginning to ‘and’ in line 15. |
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| Page 36, line 10 [Clause 33], leave out ‘a part of the United Kingdom’ and insert |
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| ‘England and Wales or Scotland’. |
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| Page 290, line 5 [Schedule 17], after ‘authority’ insert ‘in relation to England and |
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| Page 290, line 8 [Schedule 17], leave out ‘and Northern Ireland’. |
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| Page 290, line 29 [Schedule 17], after ‘order’ insert ‘made by the High Court in |
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| Page 290, line 35 [Schedule 17], leave out ‘or’ and insert ‘made by the High Court |
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| in England and Wales or an’. |
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| Page 291, line 8 [Schedule 17], leave out ‘or’ and insert ‘made by the High Court |
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| in England and Wales or an’. |
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| Page 291, line 17 [Schedule 17], after ‘High Court’ insert ‘in England and Wales’. |
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| Page 292, line 40 [Schedule 17], after ‘order’ insert ‘made by the High Court in |
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| England and Wales or the Court of Session’. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO DRUGS AND DRIVING OR TO |
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| | Sanction for and trial in relation to drink driving |
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| To move the following Clause:— |
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| | ‘Schedule 2 of the Road Traffic Offenders Act 1988 is amended such that the time |
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| | period stipulated as punishment for an offence under section 5 of the Road Traffic |
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| | Act 1988 (driving or being in charge of a motor vehicle with alcohol |
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| | concentration above prescribed limit) is two years and such that the said offence |
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| | shall be triable either way.’. |
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| AMENDMENTS TO CLAUSES 41 AND 42, SCHEDULE 21, CLAUSES 16 TO 19 AND |
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