Serious Crime Bill (HC Bill 116)

(a) the court must discharge the order if within a reasonable time
proceedings for the offence are not instituted;

(b) otherwise, the court must recall the order on the conclusion
of the proceedings.

(10) 5In the case of a restraint order, if the condition in section 119 which
was satisfied was that an application was to be made—

(a) the court must discharge the order if within a reasonable time
the application is not made;

(b) otherwise, the court must recall the order on the conclusion
10of the application.”

40 In section 131 of that Act (sums received by clerk of court)—

(a) in subsection (6), after “97(6)” insert “or 97A(4)”;

(b) after that subsection insert—

“(6A) If a direction was made under section 97A(2) or (4) for an
15amount payable under a restitution order or a victim
surcharge under section 253F(2) of the Procedure Act to be
paid out of sums recovered under the confiscation order, the
clerk of court must next apply the sums in payment of that
amount.”

41 20In section 153 of that Act (satisfaction of confiscation orders), in subsection
(1) omit paragraph (b).

42 In section 162 of that Act (interest on unpaid sums), in subsection (1)—

(a) for “the amount required to be paid” substitute “any amount
required to be paid”;

(b) 25for “must pay interest on the amount” substitute “must pay interest
on that amount”.

43 (1) Section 181 of that Act (appeal to Court of Appeal) is amended as follows.

(2) In the heading, after “prosecutor” insert “etc”.

(3) In subsection (3), after “by virtue of section” insert “160A,”.

44 30In section 185 of that Act (enforcement as fines)—

(a) in subsection (2) omit “(2),”;

(b) in subsection (3), after “Criminal Justice” insert “(Children)”.

45 In section 190 of that Act (restraint orders), after subsection 7C (inserted by
section 33 above) insert—

“(7D) 35In considering whether to make an order under subsection (7), the
court must, in particular, consider whether any restriction or
prohibition on the defendant’s travel outside the United Kingdom
ought to be imposed for the purpose mentioned in that subsection.”

46 (1) Section 191 of that Act (application, discharge and variation of restraint
40orders) is amended as follows.

(2) In subsection (4), for “(7)” substitute “(8)”.

(3) For subsection (7) substitute—

“(7) If the condition in section 189 which was satisfied was that an
investigation was started—

(a) the court must discharge the order if within a reasonable time
proceedings for the offence are not started;

(b) otherwise, the court must discharge the order on the
conclusion of the proceedings.

(8) 5If the condition in section 189 which was satisfied was that an
application was to be made—

(a) the court must discharge the order if within a reasonable time
the application is not made;

(b) otherwise, the court must discharge the order on the
10conclusion of the application.”

47 In section 273 of that Act (payments in respect of rights under pension
schemes), in subsection (4)(b), after “section 245E,” insert “PPO receiver,”.

48 In section 277 of that Act (consent orders: pensions), in subsection (7)(b),
after “section 245E,” insert “PPO receiver,”.

49 15In section 316 of that Act (Part 5: general interpretation), in subsection (1), at
the appropriate place insert—

• ““PPO receiver” has the meaning given by section 255G(2);”.

50 In section 341 of that Act (investigations), in subsection (1) omit “or” at the
end of paragraph (a).

51 20In section 416 of that Act (other interpretative provisions), after subsection
(3) insert—

“(3A) The expressions “realisable property” and “confiscation order”—

(a) in the application of this Part to England and Wales, have the
same meanings as in Part 2;

(b) 25in the application of this Part to Scotland, have the same
meanings as in Part 3;

(c) in the application of this Part to Northern Ireland, have the
same meanings as in Part 4.”

52 (1) Section 459 of that Act (orders and regulations) is amended as follows.

(2) 30In subsection (4)(a)—

(a) after “section” insert “35(2C),”;

(b) before “75(7) or (8)” insert “67(7A),”.

(3) In subsection (7A)—

(a) after “section” insert “185(2B),”;

(b) 35before “223(7) or (8)” insert “215(7A),”.

53 In Schedule 10 to that Act, in paragraph 1 (disapplication of special income
tax and capital gains tax rules for receivers), after paragraph (d) insert—

“(da) a PPO receiver appointed under section 255G;”.

Courts Act 2003 (c. 39)2003 (c. 39)

54 40In Schedule 8 to the Courts Act 2003, omit paragraph 409 (which is spent as
a result of the amendment made by section 14(1)).

Sexual Offences Act 2003 (c. 42)2003 (c. 42)

55 (1) Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of
Part 2 (notification requirements etc)) is amended as follows.

(2) After paragraph 35B insert—

“35C 5An offence under section 66 of the Serious Crime Act 2014
(possession of paedophile manual) if the offender—

(a) was 18 or over, or

(b) is sentenced in respect of the offence to imprisonment for a
term of at least 12 months.”

(3) 10After paragraph 92X insert—

“92Y An offence under section 66 of the Serious Crime Act 2014
(possession of paedophile manual) if the offender—

(a) was 18 or over, or

(b) is sentenced in respect of the offence to imprisonment for a
15term of at least 12 months.”

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

56 In Schedule 3 to the Criminal Justice Act 2003, omit paragraph 75(3) (which
is spent as a result of the amendment made by section 9(1)).

Serious Organised Crime and Police Act 2005 (c. 15)2005 (c. 15)

57 20In the Serious Organised Crime and Police Act 2005 omit sections 79 to 81
(financial reporting orders).

58 In section 175 of that Act (penalties for offences: transitional modification for
England and Wales), in the table in subsection (3) omit the entry for section
79(10)(a)(i).

59 (1) 25Section 179 of that Act (extent etc) is amended as follows.

(2) In subsection (3)(b), for “79” substitute “82.”

(3) In subsection (4)(a) omit “77 and”.

(4) In subsection (5)(b), for “79” substitute “82”.

(5) In subsection (6) omit paragraph (b).

30Terrorism Act 2006 (c. 11)2006 (c. 11)

60 In section 17 of the Terrorism Act 2006 (commission of offences abroad), in
subsection (2)(a)—

(a) omit “or 6”;

(b) omit “, instruction or training”.

35Armed Forces Act 2006 (c. 52)2006 (c. 52)

61 In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the
possible commission of which, if suspected, must be referred to a service
police force), in paragraph 12—

(a) after paragraph (ak) insert—

“(aka) an offence under section 3ZA of the Computer
Misuse Act 1990 (unauthorised acts causing, or
creating risk of, serious damage);”;

(b) 5at the end insert—

“(ax) an offence under section 66 of the Serious Crime
Act 2014 (possession of paedophile manual).”

Serious Crime Act 2007 (c. 27)2007 (c. 27)

62 In section 9 of the Serious Crime Act 2007 (right of third parties to make
10representations), in subsection (4), for “or 21” substitute “, 21 or 22E”.

63 In section 16 of that Act (duration of orders), at the end insert—

“(7) Subsections (2) and (4)(b) have effect subject to section 22E.”

64 (1) Section 19 of that Act (orders by Crown Court on conviction) is amended as
follows.

(2) 15After subsection (2) insert—

“(2A) A court that makes 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 England and Wales must discharge the existing order.”

(3) After subsection (4) insert—

“(4A) 20A court that makes an order by virtue of subsection (4) in the case of
a person who is already the subject of a serious crime prevention
order in Northern Ireland must discharge the existing order.”

65 In section 21 of that Act (powers of Crown Court to vary orders on breach),
in the heading, after “vary” insert “or replace”.

66 25In section 36 of that Act (proceedings in the Crown Court), in subsection (1),
for “or 21” substitute “, 21 or 22E”.

67 (1) Schedule 1 to that Act (serious offences) is amended as follows.

(2) In Part 1 (serious offences in England and Wales), after paragraph 13
insert—

30“Organised crime

13A An offence under section 44 of the Serious Crime Act 2014
(participating in activities of organised crime group).”

(3) In Part 2 (serious offences in Northern Ireland), for the heading before
paragraph 19 substitute—

35“Firearms offences”.

68 In Part 2 of Schedule 3 to that Act (offences under particular enactments:

England and Wales), after paragraph 38 insert—

“Serious Crime Act 2014

38A An offence under section 44 of the Serious Crime Act 2014
(participating in activities of organised crime group).”

5Policing and Crime Act 2009 (c. 26)2009 (c. 26)

69 In the Policing and Crime Act 2009, in the heading of Part 4, after “violence”
insert “and drug-dealing activity”.

70 In section 35 (contents of injunctions), in subsection (2)(e), after “violence”
insert “or drug-dealing activity”.

71 10In section 49 (interpretation), at the appropriate place in subsection (1)
insert—

• ““drug-dealing activity” has the meaning given by section
  34(7);”.

Crime and Security Act 2010 (c. 17)2010 (c. 17)

72 15In the Crime and Security Act 2010 omit section 34 (which is spent as a result
of the amendment made by section 50 above).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

73 (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (civil legal services) is amended as follows.

(2) 20In the heading before paragraph 38, after “violence” insert “and drug-dealing
activity”.

(3) In sub-paragraph (1) of that paragraph, after “violence” insert “and drug-
dealing activity”.

Prevention of Social Housing Fraud Act 2013 (c. 3)2013 (c. 3)

74 25In the Schedule to the Prevention of Social Housing Fraud Act 2013
(consequential amendments), omit paragraphs 14 and 22 (which are spent as
a result of the amendments made by section 6 and paragraph 30 above).