(2) The following provisions extend to England and Wales and Northern Ireland
(but not Scotland)—

(a) section 37(2);

(b) section 39;

(c) 5section 66 and Schedule 3;

(d) section 67(1);

(e) sections 68 to 70.

(3) The following provisions extend to Scotland only—

(a) sections 15 to 22;

(b) 10section 37(3);

(c) section 42(6) and (7);

(d) section 67(2).

(4) Chapter

3

15 of Part

1

extends to Northern Ireland only.

(5) An amendment or repeal made by Schedule 4 has the same extent as the
relevant part of the Act amended or repealed.

(6) 20The other provisions of this Act extend to England and Wales, Scotland and
Northern Ireland.

77 Commencement

(1) This Act, except for the provisions referred to in subsections (2) to (5), comes
into force on whatever day or days the Secretary of State appoints by
25regulations made by statutory instrument.

(2) The following provisions come into force on whatever day or days the Scottish
Ministers appoint by regulations after consulting the Secretary of State—

(a) sections 15 to 22;

(b) section 37(3);

(c) 30paragraphs 16 and 32 to 41 of Schedule 4 (and section 74(1) so far as
relating to those paragraphs).

(3) The following provisions come into force on whatever day or days the
Department of Justice in Northern Ireland appoints by regulations after
consulting the Secretary of State—

(a) 35Chapter

3

of Part

1

;

(b) 40paragraphs 3, 42 to 46 and 55(3) of Schedule 4 (and section 74(1) so far
as relating to those paragraphs).

(4) The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—

(a) sections 67 to 69;

(b) 45section 72 and paragraph 60 of Schedule 4 (and section 74(1) so far as
relating to that paragraph).

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

(a) section 73;

(b) 50section 74(2) to (7);

(c) sections 75 to 78.

(6) No regulations may be made under subsection (1) bringing into force any of
the following provisions, so far as they extend to Scotland, unless the Secretary
of State has consulted the Scottish Ministers—

(a) section 23;

(b) 5section 37(1);

(c) Part 2;

(d) section 45 and Schedule 1;

(e) sections 46 to 49.

(7) No regulations may be made under subsection (1) bringing into force any of
10the following provisions, so far as they extend to Northern Ireland, unless the
Secretary of State has consulted the Department of Justice in Northern
Ireland—

(a) section 37(1) and (2);

(b) section 39;

(c) 15sections 46 to 49;

(d) section 66 and Schedule 3;

(e) section 70.

(8) A power to make regulations under this section includes powers to make
saving, transitional or transitory provision.

(9) 20The power of the Department of Justice in Northern Ireland to make
regulations under subsection (3) is exercisable by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573S.I. 1979/1573
(N.I. 12)).

78 Short title

(1) 25This Act may be cited as the Serious Crime Act 2014.

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

SCHEDULES

Section 45

SCHEDULE 1 Amendments of Serious Crime Act 2007: Scotland

1 The Serious Crime Act 2007 is amended as set out in this Schedule.

2 (1) 5Section 1 (serious crime prevention orders) is amended as follows.

(2) After subsection (1) insert—

“(1A) The appropriate court in Scotland may make an order if—

(a) it is satisfied that a person has been involved in serious crime
(whether in Scotland or elsewhere); and

(b) 10it has reasonable grounds to believe that the order would
protect the public by preventing, restricting or disrupting
involvement by the person in serious crime in Scotland.”

(3) In subsection (3), after “England and Wales” insert “, Scotland”.

(4) For subsection (5) substitute—

“(5) 15In this Part—

• “appropriate court” means the Court of Session or sheriff;

• “serious crime prevention order” means—

  (a)

  an order under this section;

  (b)

  an order under section 19 (corresponding order of the
  20Crown Court on conviction); or

  (c)

  an order under section 22A (corresponding order of
  the High Court of Justiciary or sheriff on conviction).”

3 In section 2 (involvement in serious crime: England and Wales orders), in
subsection (6)—

(a) 25for “test in section” substitute “tests in sections 2A(1) and”;

(b) after “serious crime in” insert “Scotland or (as the case may be)”.

4 After section 2 insert—

“2A Involvement in serious crime: Scotland orders

(1) For the purposes of this Part, a person has been involved in serious
30crime in Scotland if he—

(a) has committed a serious offence in Scotland;

(b) has facilitated the commission by another person of a serious
offence in Scotland; or

(c) has conducted himself in a way that was likely to facilitate the
35commission by himself or another person of a serious offence
in Scotland (whether or not such an offence was committed).

(2) In this Part “a serious offence in Scotland” means an offence under
the law of Scotland which, at the time when the court is considering
the application or matter in question—

(a) is specified, or falls within a description specified, in Part 1A
5of Schedule 1; or

(b) is one which, in the particular circumstances of the case, the
court considers to be sufficiently serious to be treated for the
purposes of the application or matter as if it were so specified.

(3) For the purposes of this Part, involvement in serious crime in
10Scotland is any one or more of the following—

(a) the commission of a serious offence in Scotland;

(b) conduct which facilitates the commission by another person
of a serious offence in Scotland;

(c) conduct which is likely to facilitate the commission, by the
15person whose conduct it is or another person, of a serious
offence in Scotland (whether or not such an offence is
committed).

(4) For the purposes of section 1(1A)(a), a person has been involved in
serious crime elsewhere than in Scotland if he—

(a) 20has committed a serious offence in a country outside
Scotland;

(b) has facilitated the commission by another person of a serious
offence in a country outside Scotland; or

(c) has conducted himself in a way that was likely to facilitate the
25commission by himself or another person of a serious offence
in a country outside Scotland (whether or not such an offence
was committed).

(5) In subsection (4) “a serious offence in a country outside Scotland”
means an offence under the law of a country outside Scotland which,
30at the time when the court is considering the application or matter in
question—

(a) would be an offence under the law of Scotland if committed
in or as regards Scotland; and

(b) either—

(i) 35would be an offence which is specified, or falls within
a description specified, in Part 1A of Schedule 1 if
committed in or as regards Scotland; or

(ii) is conduct which, in the particular circumstances of
the case, the court considers to be sufficiently serious
40to be treated for the purposes of the application or
matter as if it meets the test in sub-paragraph (i).

(6) The test in subsection (4) is to be used instead of the tests in sections
2(1) and 3(1) in deciding for the purposes of section 1(1A)(a) whether
a person has been involved in serious crime in England and Wales or
45(as the case may be) Northern Ireland.

(7) An act punishable under the law of a country outside the United
Kingdom constitutes an offence under that law for the purposes of
subsection (5), however it is described in that law.”

5 In section 3 (involvement in serious crime: Northern Ireland orders), in
subsection (6)—

(a) for “test in section 2(1)” substitute “tests in sections 2(1) and 2A(1)”;

(b) at the end insert “or (as the case may be) Scotland”.

6 5In section 4 (involvement in serious crime: supplementary), after subsection
(4) insert—

“(4A) The Scottish Ministers may by order amend Part 1A of Schedule 1.

(4B) The Scottish Ministers may not exercise the power conferred by
subsection (4A) in relation to an offence which relates to a reserved
10matter (within the meaning of the Scotland Act 1998) without the
consent of the Secretary of State.”

7 In section 5 (type of provision that may be made by orders), in subsection (2),
after “England and Wales”, in both places, insert “, Scotland”.

8 In section 7 (other exceptions), after subsection (1) insert—

“(1A) 15A person may not be made the subject of a serious crime prevention
order in Scotland if the person falls within a description specified by
order of the Scottish Ministers.”

9 In section 8 (limited class of applicants for making of orders)—

(a) omit the word “and” at the end of paragraph (a);

(b) 20after that paragraph insert—

“(aa) in the case of an order in Scotland, the Lord
Advocate;”.

10 (1) Section 9 (right of third parties to make representations) is amended as
follows.

(2) 25In each of subsections (1) to (3), after “High Court” insert “or (in Scotland)
the appropriate court”.

(3) After subsection (4) insert—

“(4A) The High Court of Justiciary must, on an application by a person,
give the person an opportunity to make representations in
30proceedings before it arising by virtue of section 24B(3) if it considers
that the making or variation of the serious crime prevention order
concerned (or a decision not to vary it) would be likely to have a
significant adverse effect on that person.”

11 In section 10 (notice requirements in relation to orders), in subsection (4)—

(a) 35omit the word “and” at the end of paragraph (a);

(b) after that paragraph insert—

“(aa) in relation to a serious crime prevention order in
Scotland, the Lord Advocate;”.

12 (1) Section 12 (restrictions for legal professional privilege) is amended as
40follows.

(2) In subsection (1), after “order” insert “in England and Wales or Northern
Ireland”.

(3) After subsection (4) insert—

“(4A) A serious crime prevention order in Scotland may not require a
person to breach any duty of confidentiality of communications
which the person could not be required to breach in proceedings
5before the appropriate court.”

(4) In subsection (5), for “subsection (1) does not” substitute “subsections (1)
and (4A) do not”.

13 In section 13 (restrictions on excluded material and banking information), in
subsection (1)—

(a) 10omit the word “and” at the end of paragraph (a);

(b) after that paragraph insert—

“(aa) in the case of an order in Scotland, any excluded
material (as defined by that section (except that
“enactment” in subsection (2)(b) of that section is to be
15taken to include an Act of the Scottish Parliament or
an instrument made under such an Act));”.

14 (1) Section 17 (variation of orders) is amended as follows.

(2) After subsection (1) insert—

“(1A) The appropriate court in Scotland may, on an application under this
20section, vary a serious crime prevention order in Scotland if it has
reasonable grounds to believe that the terms of the order as varied
would protect the public by preventing, restricting or disrupting
involvement, by the person who is the subject of the order, in serious
crime in Scotland.”

(3) 25In each of subsections (6)(a) and (7)(a), after “High Court” insert “, the
appropriate court”.

15 (1) Section 18 (discharge of orders) is amended as follows.

(2) In subsection (1)—

(a) omit the word “and” at the end of paragraph (a);

(b) 30after that paragraph insert—

“(aa) the appropriate court in Scotland may discharge a
serious crime prevention order in Scotland;”.

(3) In each of subsections (5)(a) and (6)(a), after “High Court” insert “, the
appropriate court”.

16 35In section 22 (inter-relationship between different types of order), at the end
of the heading insert “in England and Wales or Northern Ireland”.

17 After that section insert—

“Extension of jurisdiction: Scotland

22A Orders by High Court of Justiciary and sheriff on conviction

(1) 40Subsection (2) applies where—

(a) the High Court of Justiciary (the “High Court”) is dealing
with a person who—

(i) has been convicted by or before the High Court of
having committed a serious offence in Scotland, or

(ii) has been convicted by or before the sheriff of having
committed a serious offence in Scotland and by virtue
5of section 195 of the Criminal Procedure (Scotland)
Act 1995 has been remitted by the sheriff to the High
Court for sentencing; or

(b) the sheriff is dealing with a person who has been convicted
by or before the sheriff of having committed a serious offence
10in Scotland.

(2) The High Court or (as the case may be) the sheriff may, in addition
to dealing with the person in relation to the offence, make an order if
the High Court or (as the case may be) the sheriff has reasonable
grounds to believe that the order would protect the public by
15preventing, restricting or disrupting involvement by the person in
serious crime in Scotland.

(3) The High Court or sheriff making an order by virtue of subsection (2)
in the case of a person who is already the subject of a serious crime
prevention order in Scotland must discharge the existing order.

(4) 20An order under this section may contain—

(a) such prohibitions, restrictions or requirements; and

(b) such other terms;

as the High Court or (as the case may be) the sheriff considers
appropriate for the purpose of protecting the public by preventing,
25restricting or disrupting involvement by the person concerned in
serious crime in Scotland.

(5) The powers of the High Court and the sheriff in respect of an order
under this section are subject to sections 6 to 15 (safeguards).

(6) An order must not be made under this section except—

(a) 30in addition to a sentence imposed in respect of the offence
concerned; or

(b) in addition to an order discharging the person absolutely.

(7) An order under this section is also called a serious crime prevention
order.

22B 35Powers of High Court of Justiciary and sheriff to vary orders on
conviction

(1) Subsection (2) applies where—

(a) the High Court of Justiciary (the “High Court”) is dealing
with a person who—

(i) 40has been convicted by or before the High Court of
having committed a serious offence in Scotland, or

(ii) has been convicted by or before the sheriff of having
committed a serious offence in Scotland and by virtue
of section 195 of the Criminal Procedure (Scotland)
45Act 1995 has been remitted by the sheriff to the High
Court for sentencing; or

(b) the sheriff is dealing with a person who has been convicted
by or before the sheriff of having committed a serious offence
in Scotland.

(2) The High Court or (as the case may be) the sheriff may—

(a) 5in the case of a person who is the subject of a serious crime
prevention order in Scotland; and

(b) in addition to dealing with the person in relation to the
offence,

vary the order if the High Court or (as the case may be) the sheriff has
10reasonable grounds to believe that the terms of the order as varied
would protect the public by preventing, restricting or disrupting
involvement by the person in serious crime in Scotland.

(3) A variation under this section may be made only on an application
by the Lord Advocate.

(4) 15A variation must not be made except—

(a) in addition to a sentence imposed in respect of the offence
concerned; or

(b) in addition to an order discharging the person absolutely.

(5) A variation may include an extension of the period during which the
20order, or any provision of it, is in force (subject to the original limits
imposed on the order by section 16(2) and (4)(b)).

22C Powers of High Court of Justiciary and sheriff to vary or replace orders
on breach

(1) Subsection (2) applies where—

(a) 25the High Court of Justiciary (the “High Court”) is dealing
with a person who—

(i) has been convicted by or before the sheriff of having
committed an offence under section 25 in relation to a
serious crime prevention order and has been remitted
30to the High Court to be dealt with, or

(ii) has been convicted by or before the High Court of
having committed an offence under section 25 in
relation to a serious crime prevention order; or

(b) the sheriff is dealing with a person who has been convicted
35by or before the sheriff of having committed an offence under
section 25 in relation to a serious crime prevention order.

(2) The High Court or (as the case may be) the sheriff may—

(a) in the case of an order in Scotland; and

(b) in addition to dealing with the person in relation to the
40offence;

vary or replace the order if the High Court or (as the case may be) the
sheriff has reasonable grounds to believe that the terms of the order
as varied, or the new order, would protect the public by preventing,
restricting or disrupting involvement by the person in serious crime
45in Scotland.

(3) An order may be varied or replaced under this section only on an
application by the Lord Advocate.

(4) A variation or new order must not be made except—

(a) in addition to a sentence imposed in respect of the offence
concerned; or

(b) in addition to an order discharging the person absolutely.

(5) 5A variation may include an extension of the period during which the
order, or any provision of it, is in force (subject to the original limits
imposed on the order by section 16(2) and (4)(b)).

(6) A reference in this section to replacing a serious crime prevention
order is to making a new serious crime prevention order and
10discharging the existing one.

22D Inter-relationship between different types of orders in Scotland

(1) A serious crime prevention order made under section 1(1A) or
varied under section 17(1A) may be varied under section 22B(2) or
22C(2).

(2) 15The fact that a serious crime prevention order made under section
1(1A) or varied under section 17(1A) has been varied under section
22B(2) or 22C(2) does not prevent it from being varied or discharged
by the appropriate court.

(3) A decision by the High Court of Justiciary or (as the case may be) the
20sheriff not to make an order under section 22A does not prevent a
subsequent application to the appropriate court for an order under
section 1(1A) in consequence of the same offence.

(4) Where a serious crime prevention order is made under section 1(1A)
or varied under section 17(1A), a decision by the High Court of
25Justiciary or (as the case may be) the sheriff not to vary the order
under section 22B(2) or 22C(2) does not prevent a subsequent
application under section 17(1A) for a variation of the order in
consequence of the same offence.”

18 After section 24 insert—

“24A 30Additional right of appeal from Court of Session

(1) An appeal may be made to the Inner House of the Court of Session
in relation to a decision of the Outer House of the Court of Session—

(a) to make a serious crime prevention order;

(b) to vary, or not to vary, such an order; or

(c) 35to discharge or not to discharge such an order;

by any person who was given an opportunity to make
representations in the proceedings concerned by virtue of section
9(1), (2) or (as the case may be) (3).

(2) Subsection (1) is without prejudice to the rights of the person who is
40the subject of the order and the Lord Advocate to make appeals,
under section 28 of the Court of Session Act 1988, in relation to any
judgments or orders of the Outer House of the Court of Session about
serious crime prevention orders.

24B Appeals from High Court of Justiciary and sheriff

(1) The following are to be taken to be a sentence for the purpose of an
appeal—

(a) a serious crime prevention order made under section 22A;

(b) 5the variation under section 22B or 22C of an order made
under section 22A;

(c) the discharge of an order made under section 22A.

(2) If the Lord Advocate considers that a decision of the High Court of
Justiciary or the sheriff under section 22A not to make a serious crime
10prevention order was inappropriate, the Lord Advocate may appeal
against the decision.

(3) In addition, an appeal may be made in relation to a decision of the
High Court of Justiciary or the sheriff—

(a) to make a serious crime prevention order under section 22A;
15or

(b) to vary, or not to vary, such an order under section 22B or
22C;

by any person who was given an opportunity to make
representations in the proceedings concerned by virtue of section
209(4A).”

19 (1) Section 27 (powers to wind up companies etc: England and Wales and
Scotland) is amended as follows.

(2) In the heading, omit the words “and Scotland”.

(3) In subsection (12), omit the words “or Scotland”—

(a) 25in paragraph (a) of the definition of “company”;

(b) in the definition of “the court”.

20 After section 27 insert—

“27A Powers to wind up companies etc: Scotland

(1) The Scottish Ministers may present a petition to the court for the
30winding up of a company or relevant body, or the dissolution of a
partnership, if—

(a) the company, relevant body or partnership has been
convicted of an offence under section 25 in relation to a
serious crime prevention order; and

(b) 35the Scottish Ministers consider that it would be in the public
interest for the company or (as the case may be) relevant body
to be wound up or the partnership to be dissolved.

(2) The Insolvency Act 1986 applies in relation to—

(a) a petition under this section for the winding up of a company;
40and

(b) the company’s winding up;

as it applies in relation to a petition under section 124A of the Act of
1986 for the winding up of a company and the company’s winding
up (winding up on grounds of public interest) but subject to the
45modifications in subsections (3) and (4).