Serious Crime Bill (HC Bill 116)

(3) Section 124(4)(b) of the Act of 1986 (application for winding up)
applies in relation to a petition under this section as if it permits the
petition to be presented by the Scottish Ministers.

(4) The court may make an order under section 125 of the Act of 1986
5(powers of court on hearing of petition) to wind up the company
only if—

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

(b) the court considers that it is just and equitable for the
10company to be wound up.

(5) Where a petition is made to the court under this section for the
dissolution of a partnership, the court may make an order to dissolve
the partnership only if—

(a) the partnership has been convicted of an offence under
15section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the
partnership to be dissolved.

(6) Where the court makes an order to dissolve a partnership under this
section, the Partnership Act 1890 applies in respect of the dissolution
20as if it were a dissolution under section 35 of that Act.

(7) The appropriate Minister may by order provide for the Act of 1986 to
apply, with such modifications as that person considers appropriate,
in relation to a petition under this section for the winding up of a
relevant body and the relevant body’s winding up.

(8) 25An order made by virtue of subsection (7) must ensure that the court
may make an order to wind up the relevant body only if—

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

(b) the court considers that it is just and equitable for the relevant
30body to be wound up.

(9) No petition may be presented, or order to wind up or dissolve made,
by virtue of this section if—

(a) an appeal against conviction for the offence concerned has
been made and not finally determined; or

(b) 35the period during which such an appeal may be made has not
expired.

(10) No petition may be presented, or order to wind up or dissolve made,
by virtue of this section if—

(a) the company or relevant body is already being wound up by
40the court, or

(b) the partnership is already being dissolved by the court.

(11) In deciding for the purposes of subsection (9) whether an appeal is
finally determined or whether the period during which an appeal
may be made has expired, any power to appeal out of time is to be
45ignored.

(12) In this section—

• “appropriate Minister” means—

  Serious Crime BillPage 91

  (a)

  in relation to a relevant body falling within
  paragraphs (a) to (c) of the definition of “relevant
  body” below, the Treasury; and

  (b)

  in relation to any other relevant body, the Scottish
  5Ministers;

• “company” means—

  (a)

  a company registered under the Companies Act 2006
  in Scotland, or

  (b)

  an unregistered company within the meaning of Part
  105 of the Insolvency Act 1986 (see section 220 of that
  Act),

  but does not include a relevant body;

• “the court”, in relation to a company, means a court in Scotland
  having jurisdiction to wind up the company;

• 15“partnership” does not include a relevant body; and

• “relevant body” means—

  (a)

  a building society (within the meaning of the Building
  Societies Act 1986);

  (b)

  an incorporated friendly society (within the meaning
  20of the Friendly Societies Act 1992);

  (c)

  a registered society within the meaning of the Co-
  operative and Community Benefit Societies Act 2014;

  (d)

  a limited liability partnership; or

  (e)

  such other description of person as may be specified
  25by order made by the Scottish Ministers;

and the references to sections 124 to 125 of the Insolvency Act 1986
include references to those sections as applied by section 221(1) of
that Act (unregistered companies).”

21 (1) Section 29 (powers to wind up: supplementary) is amended as follows.

(2) 30After subsection (1) insert—

“(1ZA) The Scottish Ministers may by order make such modifications as
they consider appropriate to the application of the Insolvency Act
1986 by virtue of section 27A(2).”

(3) In subsection (2)—

(a) 35after “subsection (1)” insert “, (1ZA)”;

(b) after “section 27(3) and (4)” insert “, 27A(3) and (4)”.

(4) After subsection (3) insert—

“(3ZA) The Scottish Ministers may by order make such consequential or
supplementary provision, applying with or without modifications
40any provision made by or under an enactment including an
enactment comprised in, or in an instrument made under, an Act of
the Scottish Parliament, as they consider appropriate in connection
with section 27A(2) to (4).”

(5) In subsection (4)—

(a) 45after “section 27(5) or (6)” insert “, 27A(7)”;

(b) after “subsection (1)” insert “, (1ZA)”;

(c) after “enactment” insert “including, in the case of an order made by
virtue of section 27A(7) or subsection (1ZA) above, an enactment
comprised in, or in an instrument made under, an Act of the Scottish
Parliament.”

22 (1) 5Section 31 (other partnerships) is amended as follows.

(2) In subsection (3), after “England and Wales”, in both places, insert
“, Scotland,”.

(3) In subsection (6)(b), omit sub-paragraph (ii).

23 In section 32 (unincorporated associations), omit sub-paragraph (ii) of
10subsection (5)(b).

24 In section 34 (providers of information society services), in subsection
(2)(a)—

(a) omit the word “and” at the end of after sub-paragraph (i);

(b) after that sub-paragraph insert—

“(ia) 15in the case of an order in Scotland, serious
crime in Scotland;”.

25 After section 36 insert—

“36A Proceedings in the High Court of Justiciary and sheriff court

(1) Proceedings before the High Court of Justiciary (the “High Court”)
20or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil
proceedings.

(2) One consequence of this is that the standard of proof to be applied by
the High Court or (as the case may be) the sheriff in such proceedings
is the civil standard of proof.

(3) 25Two other consequences of this are that the High Court or (as the
case may be) the sheriff—

(a) is not restricted to considering evidence that would have
been admissible in the criminal proceedings in which the
person concerned was convicted; and

(b) 30may adjourn any proceedings in relation to a serious crime
prevention order even after sentencing the person concerned.

(4) Despite subsection (1), an Act of Adjournal under section 305 of the
Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be
made in relation to proceedings before the High Court or the sheriff
35arising by virtue of section 22A, 22B, 22C or 22E.

(5) A serious crime prevention order may be made as mentioned in
section 22A(6)(b) in spite of anything in sections 246 and 247 of the
Criminal Procedure (Scotland) Act 1995 (which relate to orders
discharging a person absolutely and their effect).

(6) 40A variation of a serious crime prevention order may be made as
mentioned in section 22B(4)(b), or (as the case may be) a variation of
or a new serious crime prevention order may be made as mentioned
in section 22C(4)(b), in spite of anything in sections 246 and 247 of the
Criminal Procedure (Scotland) Act 1995.”

26 45In section 39 (compliance with orders: authorised monitors), in the

definition of “law enforcement agency” in subsection (10), after paragraph
(zc) insert—

“(zd) the chief constable of the Police Service of Scotland;”.

27 (1) Section 40 (costs in relation to authorised monitors) is amended as follows.

(2) 5In subsection (5), for “recoverable as if” substitute “recoverable—

(a) in England and Wales and Northern Ireland, as if”.

(3) At the end of that subsection insert—

“(b) in Scotland, in like manner as an extract registered decree
arbitral bearing a warrant for execution issued by the sheriff
10court of any sheriffdom in Scotland.”

(4) After subsection (6) insert—

“(6A) Where any amounts required to be paid by virtue of section 39(4) and
(5) are, in the case of a serious crime prevention order made under
section 22A, not paid within a required period, the unpaid balance
15from time to time carries interest at the rate payable under a decree
of the Court of Session.”

(5) In subsection (9), after paragraph (a) insert—

“(aa) in relation to serious crime prevention orders in Scotland, the
Scottish Ministers;”.

28 20In section 43 (index of defined expressions), at the appropriate places
insert—

29 In section 89 (orders)—

(a) in subsection (1), for “, the Treasury or the Scottish Ministers”
substitute “or the Treasury”;

(b) in subsection (2)—

(i) 30for “or the Treasury” substitute “, the Treasury or the Scottish
Ministers”;

(ii) at the end insert “or the Scottish Ministers consider
appropriate.”;

(c) in subsection (6)—

(i) 35for “statutory instrument” substitute “the Secretary of State
or the Treasury”;

(ii) after “27(6) or (12),” insert “, 27A(7)”;

(d) after subsection (6) insert—

“(6A) An order under section 4(4A) is subject to the affirmative
procedure.

(6B) An order made by the Scottish Ministers under section
57(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the
negative procedure.”

30 In section 93 (extent), in subsection (2) (provisions that extend to England
and Wales and Northern Ireland only) omit paragraph (a).

31 In Schedule 1 (serious offences), after Part 1 insert—

10“ Part 1A Serious offences in Scotland

16A Drug trafficking

(1) An offence under any of the following provisions of the Misuse of
Drugs Act 1971—

(a) 15section 4(2) or (3) (unlawful production or supply of
controlled drugs);

(b) section 5(3) (possession of controlled drug with intent to
supply);

(c) section 6 (restriction of cultivation of cannabis plant);

(d) 20section 8 (permitting etc certain activities relating to
controlled drugs);

(e) section 20 (assisting in or inducing the commission outside
the United Kingdom of an offence punishable under a
corresponding law).

(2) 25An offence under any of the following provisions of the Customs
and Excise Management Act 1979 if it is committed in connection
with a prohibition or restriction on importation or exportation
which has effect by virtue of section 3 of the Misuse of Drugs Act
1971—

(a) 30section 50(2) or (3) (improper importation of goods);

(b) section 68(2) (exportation of prohibited or restricted
goods);

(c) section 170 (fraudulent evasion of duty etc).

(3) An offence under either of the following provisions of the
35Criminal Justice (International Co-operation) Act 1990—

(a) section 12 (manufacture or supply of a substance for the
time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled
drugs).

16B 40People trafficking

(4) An offence under section 25, 25A or 25B of the Immigration Act
1971 (assisting unlawful immigration etc).

(5) An offence under section 4 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation).

16C Firearms offences

(1) 5An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition
without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(c) 10section 3(1) (dealing etc in firearms or ammunition by way
of trade or business without being registered);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of
prohibited weapons).

(2) An offence under either of the following provisions of the
15Customs and Excise Management Act 1979 if it is committed in
connection with a firearm or ammunition—

(a) section 68(2) (exportation of prohibited or restricted
goods);

(b) section 170 (fraudulent evasion of duty etc).

(3) 20In sub-paragraph (2) “firearm” and “ammunition” have the same
meanings as in section 57 of the Firearms Act 1968.

16D Prostitution, child sex and pornography

(1) An offence under any of the following provisions of the Criminal
Law Consolidation (Scotland) Act 1995—

(a) 25section 11(1) (living on earnings of prostitution or
soliciting for immoral purposes);

(b) section 11(4) (aiding, abetting or compelling prostitution
for gain);

(c) section 11(5) (running of brothels).

(2) 30An offence under section 22 of the Criminal Justice (Scotland) Act
2003 (traffic in prostitution etc).

(3) An offence under any of the following provisions of the Protection
of Children and Prevention of Sexual Offences (Scotland) Act
2005—

(a) 35section 10 (causing or inciting provision by child of sexual
services or child pornography);

(b) section 11 (controlling a child providing sexual services or
involved in pornography);

(c) section 12 (arranging or facilitating provision by child of
40sexual services or child pornography).

(4) An offence under section 51(2) of the Civic Government (Scotland)
Act 1982 (obscene material).

16E Serious organised crime

(1) An offence under any of the following provisions of the Criminal
Justice and Licensing (Scotland) Act 2010—

(a) section 28(1) (involvement in serious organised crime);

(b) 5section 30(1) or (2) (directing serious organised crime).

(2) An offence aggravated by a connection with serious organised
crime as mentioned in section 29(1) of the Criminal Justice and
Licensing (Scotland) Act 2010 (offences aggravated by connection
with serious organised crime).

16F 10Money laundering

An offence under any of the following provisions of the Proceeds
of Crime Act 2002—

(a) section 327 (concealing etc criminal property);

(b) section 328 (facilitating the acquisition etc of criminal
15property by or on behalf of another);

(c) section 329 (acquisition, use and possession of criminal
property).

16G Offences in relation to public revenue

(1) An offence under section 170 of the Customs and Excise
20Management Act 1979 (fraudulent evasion of duty etc) so far as
not falling within paragraph 16A(2)(c) or 16C(2)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994
(fraudulent evasion of VAT etc).

(3) An offence under section 106A of the Taxes Management Act 1970
25(fraudulent evasion of income tax).

(4) An offence under section 35 of the Tax Credits Act 2002 (tax credit
fraud).

16H Bribery

An offence under any of the following provisions of the Bribery
30Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

(c) section 6 (bribery of foreign public officials).

16I Counterfeiting

35An offence under any of the following provisions of the Forgery
and Counterfeiting Act 1981—

(a) section 14 (making counterfeit notes or coins);

(b) section 15 (passing etc counterfeit notes or coins);

(c) section 16 (having custody or control of counterfeit notes
40or coins);

(d) section 17 (making or having custody or control of
counterfeiting materials or implements).

16J Fraud etc

(1) An offence under section 12(1) or (2) of the Gangmasters
5(Licensing) Act 2004 (acting as a gangmaster other than under the
authority of a licence, possession of false documents, etc).

(2) Fraud.

(3) Conspiracy to defraud.

(4) Theft.

(5) 10Extortion.

(6) Assault and robbery.

16K Computer misuse

An offence under any of the following provisions of the Computer
Misuse Act 1990—

(a) 15section 1 (unauthorised access to computer material);

(b) section 2 (unauthorised access with intent to commit or
facilitate commission of further offences);

(c) section 3 (unauthorised acts with intent to impair, or with
recklessness as to impairing, operation of computer etc);

(d) 20section 3ZA (unauthorised acts causing, or creating risk of,
serious damage to human welfare etc));

(e) section 3A (making, supplying or obtaining articles for use
in offence under section 1 or 3.

16L Intellectual property

(1) 25An offence under section 297A of the Copyright, Designs and
Patents Act 1988 (making or dealing etc in unauthorised
decoders).

(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act
1994 (unauthorised use of trade mark etc).

16M 30Environment

(1) An offence under any of the following provisions of the Salmon
and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—

(a) section 1 (fishing for salmon: methods);

(b) section 2 (fishing for freshwater fish: methods);

(c) 35section 5 (using explosive or other noxious substances for
taking or destruction of fish etc).

(2) An offence under section 14 of the Wildlife and Countryside Act
1981 (introduction of new species etc).

(3) An offence under section 33 of the Environmental Protection Act
1990 (prohibition on unauthorised or harmful deposit, treatment
or disposal etc of waste).

(4) An offence under regulation 8 of the Control of Trade in
5Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/
1372) (purchase and sale etc of endangered species and provision
of false statement and certificates).

16N Inchoate offences

An offence of attempting or conspiring to commit an offence
10specified or described in this Part of this Schedule.

16O Earlier offences

This Part of this Schedule has effect, in its application to conduct
before the coming into force of this Part, as if the offences
specified or described in this Part included any corresponding
15offences under the law in force at the time of the conduct.

16P Scope of offences

Where this Part of this Schedule refers to offences which are
offences under the law of Scotland and another country, the
reference is to be read as limited to the offences so far as they are
20offences under the law of Scotland.”

Section 53

SCHEDULE 2 Execution of search and seizure warrants

Persons who may execute warrant

1 (1) A search and seizure warrant may be executed by any police or customs
25officer.

(2) A search and seizure warrant may authorise persons to accompany any
police or customs officer who is executing it.

(3) A person authorised under sub-paragraph (2) has the same powers as the
police or customs officer whom he or she accompanies in respect of—

(a) 30the execution of the warrant;

(b) the seizure of anything to which the warrant relates.

But the person may exercise those powers only in the company, and under
the supervision, of a police or customs officer.

Warrant to be executed within 3 months

2 35Entry and search under a search and seizure warrant must be within 3
months from the date of its issue.

All-premises warrants

3 In the case of an all-premises warrant, premises that are not specified in the
warrant may be entered and searched only if a senior officer has authorised
them to be entered.

5Search of premises more than once

4 Premises may be entered or searched for the second or any subsequent time
under a search and seizure warrant authorising multiple entries only if a
senior officer has authorised that entry to the premises.

Time of search

5 10Entry and search under a search and seizure warrant must be at a reasonable
hour unless it appears to the police or customs officer executing it that the
purpose of a search may be frustrated on an entry at a reasonable hour.

Evidence of authority etc

6 (1) Where the occupier of premises to be entered and searched under a search
15and seizure warrant is present at the time when a police or customs officer
seeks to execute the warrant, the police or customs officer—

(a) must identify himself or herself to the occupier and, if not a constable
in uniform, must produce to the occupier documentary evidence that
he or she is a police or customs officer;

(b) 20must produce the warrant to the occupier;

(c) must supply the occupier with a copy of it.

(2) Where the occupier of premises to be entered and searched under a search
and seizure warrant is not present at the time when a police or customs
officer seeks to execute the warrant—

(a) 25if some other person who appears to the officer to be in charge of the
premises is present, sub-paragraph (1) has effect as if a reference to
the occupier were a reference to that other person;

(b) if not, the officer must leave a copy of the warrant in a prominent
place on the premises.

30Extent of search

7 A search under a search and seizure warrant may only be a search to the
extent required for the purpose for which the warrant was issued.

Inspection of substances

8 Where a police or customs officer has power under section 56 to seize a
35substance from premises, the officer or a person authorised under
paragraph 1(2) may inspect or test the substance on the premises with a view
to establishing whether or not it is a substance that is suitable for use as a
drug-cutting agent.