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Serious Crime BillPage 110

(4) In subsection (2), for “section 3 above” substitute “this Act”.

10 (1) Section 9 of that Act (British citizenship immaterial) is amended as follows.

(2) In subsection (1), at the beginning insert “Except as provided by section
5(1A),”.

(3) 5In subsection (2)(a), for “section 1, 2 or 3 above” substitute “this Act”.

(4) In subsection (2)(c), for “section 3 above” substitute “this Act”.

11 In section 10 of that Act, for the heading substitute “Savings”.

Courts and Legal Services Act 1990 (c. 41)1990 (c. 41)

12 In section 58A of the Courts and Legal Services Act 1990 (conditional fee
10agreements: supplementary), in subsection (2), after paragraph (f) insert—

(fza) Part 1 of Schedule 2 to the Female Genital Mutilation Act
2003;.

Criminal Procedure (Scotland) Act 1995 (c. 46)1995 (c. 46)

13 In section 108 of the Criminal Procedure (Scotland) Act 1995 (Lord
15Advocate’s right of appeal against disposal), after paragraph (ca) of
subsection (1) insert—

(cb) a decision under section 22A of the Serious Crime Act 2007
not to make a serious crime prevention order;.

14 (1) Section 175 of that Act (right of appeal from summary proceedings) is
20amended as follows.

(2) In subsection (4), after paragraph (ca) insert—

(cb) a decision under section 22A of the Serious Crime Act 2007
not to make a serious crime prevention order;.

(3) In subsection (4A)(b)(ii), for “or (ca)” substitute “, (ca) or (cb)”.

15 25In section 222 of that Act (transfer of fine orders), in subsection (8), for
“section 31 of the Powers of Criminal Courts Act 1973” substitute “section
139 of the Powers of Criminal Courts (Sentencing) Act 2000”.

Family Law Act 1996 (c. 27)1996 (c. 27)

16 In section 63 of the Family Law Act 1996 (interpretation of Part 4), in
30subsection (2), after paragraph (i) insert—

(ia) Part 1 of Schedule 2 to the Female Genital Mutilation Act
2003, other than paragraph 3 of that Schedule;.

Proceeds of Crime Act 2002 (c. 29)2002 (c. 29)

17 In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end
35of subsection (5) insert—

“Paragraph (b) applies only if, or to the extent that, it would not be
disproportionate to require the defendant to pay the recoverable amount.”

18 In section 12 of that Act (interest on unpaid sums), in subsection (1)—

Serious Crime BillPage 111

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

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

19 5In section 14 of that Act (postponement), after paragraph (c) of subsection
(12) insert—

(ca) made an order under section 161A of the Criminal Justice Act
2003 (orders requiring payment of surcharge);.

20 (1) Section 15 of that Act (effect of postponement) is amended as follows.

(2) 10In subsection (2)—

(a) at the end of paragraph (c) omit “or”;

(b) after that paragraph insert—

(ca) make an order for the payment of a surcharge under
section 161A of the Criminal Justice Act 2003, or.

(3) 15In subsection (3)—

(a) at the end of paragraph (c) omit “or”;

(b) after that paragraph insert—

(ca) making an order for the payment of a surcharge
under section 161A of the Criminal Justice Act 2003,
20or.

21 (1) Section 19 of that Act (no order made: reconsideration of case) is amended
as follows.

(2) In subsection (7), after paragraph (d) insert—

(da) any order which has been made against the defendant in
25respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);.

(3) In subsection (8), after “Sentencing Act” insert “, a surcharge under section
161A of the Criminal Justice Act 2003”.

22 (1) 30Section 20 of that Act (no order made: reconsideration of benefit) is amended
as follows.

(2) In subsection (11), after paragraph (d) insert—

(da) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
35under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);.

(3) In subsection (12), after “Sentencing Act” insert “, a surcharge under section
161A of the Criminal Justice Act 2003”.

23 (1) Section 21 of that Act (order made: reconsideration of benefit) is amended as
40follows.

(2) In subsection (9), after paragraph (c) insert—

(ca) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
45requiring payment of surcharge);.

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(3) In subsection (10), after “(9)(c)” insert “, (ca)”.

24 (1) Section 22 of that Act (order made: reconsideration of available amount) is
amended as follows.

(2) In subsection (5), after paragraph (c) insert—

(d) 5any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge).

(3) In subsection (6), after “(5)(c)” insert “or (d).”

25 (1) 10Section 31 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 “10A,”.

26 In section 32 of that Act (Court of Appeal’s powers on appeal), in subsection
(7), after “(compensation orders)” insert “, section 161A of the Criminal
15Justice Act 2003 (orders requiring payment of surcharge)”.

27 In section 33 of that Act (appeal to Supreme Court), in subsection (9), after
“(compensation orders)” insert “, section 161A of the Criminal Justice Act
2003 (orders requiring payment of surcharge)”.

28 In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2)
20to (4)” substitute “139(2), (3)”.

29 In section 41 of that Act (restraint orders), after subsection 7C (inserted by
section 11 above) insert—

(7D) In considering whether to make an order under subsection (7), the
court must, in particular, consider whether any restriction or
25prohibition on the defendant’s travel outside the United Kingdom
ought to be imposed for the purpose mentioned in that subsection.

30 (1) Section 42 of that Act (application, discharge and variation of restraint
orders) is amended as follows.

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

(3) 30For subsection (7) substitute—

(7) If the condition in section 40 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) 35otherwise, the court must discharge the order on the
conclusion of the proceedings.

(8) If the condition in section 40 which was satisfied was that an
application was to be made—

(a) the court must discharge the order if within a reasonable time
40the application is not made;

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

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31 In section 55 of that Act (sums received by designated officer), in subsection
(5), for “an amount of compensation or all or part of an amount payable
under an unlawful profit order” substitute “an amount payable under a
priority order (or orders)”.

32 5In section 89 of that Act (procedure on appeal to the Court of Appeal), in
subsection (4), before paragraph (a) insert—

(za) section 31(4) (appeals against determinations under section
10A),.

33 In section 92 of that Act (making of order), at the end of subsection (6)
10insert—

“Paragraph (b) applies only if, or to the extent that, it would not be
disproportionate to require the accused to pay the recoverable amount.”

34 In section 99 of that Act (postponement), after paragraph (c) of subsection
(11) insert—

(d) 15made a restitution order;

(e) ordered the accused under section 253F(2) of the Procedure
Act to pay a victim surcharge.

35 (1) Section 100 of that Act (effect of postponement) is amended as follows.

(2) In subsection (3)—

(a) 20at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

(d) make a restitution order, or

(e) order the accused under section 253F(2) of the
Procedure Act to pay a victim surcharge.

(3) 25In subsection (4)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

(d) making a restitution order, or

(e) ordering the accused under section 253F(2) of the
30Procedure Act to pay a victim surcharge.

36 (1) Section 104 of that Act (no order made: reconsideration of case) is amended
as follows.

(2) In subsection (7), after paragraph (d) insert—

(e) any restitution order which has been made against the
35accused in respect of the offence (or any of the offences)
concerned;

(f) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
the offence (or any of the offences) concerned.

(3) 40After subsection (8) insert—

(8A) If a restitution order or an order under section 253F(2) of the
Procedure Act has been made against the accused in respect of the
offence or offences concerned, section 97A(2) and (4) does not
apply.

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37 (1) Section 105 of that Act (no order made: reconsideration of benefit) is
amended as follows.

(2) In subsection (10), after paragraph (d) insert—

(e) any restitution order which has been made against the
5accused in respect of the offence (or any of the offences)
concerned;

(f) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
the offence (or any of the offences) concerned.

(3) 10After subsection (11) insert—

(11A) If a restitution order or an order under section 253F(2) of the
Procedure Act has been made against the accused in respect of the
offence or offences concerned, section 97A(2) and (4) does not
apply.

38 (1) 15Section 106 of that Act (order made: reconsideration of benefit) is amended
as follows.

(2) In subsection (8), after paragraph (c) insert—

(d) any restitution order which has been made against the
accused in respect of the offence (or any of the offences)
20concerned;

(e) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
the offence (or any of the offences) concerned.

(3) In subsection (9)—

(a) 25for “the court must not” substitute the court—

(a) must not;

(b) at the end insert—

(b) must not have regard to an order falling within
subsection (8)(d) or (e) if a court has made a direction
30under section 97A(2) or (4).

39 (1) Section 107 of that Act (order made: reconsideration of available amount) is
amended as follows.

(2) In subsection (4), after paragraph (c) insert—

(d) any restitution order which has been made against the
35accused in respect of the offence (or any of the offences)
concerned;

(e) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
the offence (or any of the offences) concerned.

(3) 40In subsection (5)—

(a) for “the court must not” substitute the court—

(a) must not;

(b) at the end insert—

(b) must not have regard to an order falling within
45subsection (4)(d) or (e) if a court has made a direction
under section 97A(2) or (4).

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40 In section 118 of that Act (application of provisions about fine enforcement),
in subsection (2) omit paragraph (k).

41 (1) Section 121 of that Act (application, recall and variation) is amended as
follows.

(2) 5In subsection (5), for “(9)” substitute “(10)”.

(3) For subsection (9) substitute—

(9) In the case of a restraint order, if the condition in section 119 which
was satisfied was that an investigation was instituted—

(a) the court must discharge the order if within a reasonable time
10proceedings for the offence are not instituted;

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

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

(a) 15the 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
of the application.

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

(a) 20in 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
amount payable under a restitution order or a victim
surcharge under section 253F(2) of the Procedure Act to be
25paid out of sums recovered under the confiscation order, the
clerk of court must next apply the sums in payment of that
amount.

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

44 30In section 156 of that Act (making of order), at the end of subsection (5)
insert—

“Paragraph (b) applies only if, or to the extent that, it would not be
disproportionate to require the defendant to pay the recoverable amount.”

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

(a) 35for “the amount required to be paid” substitute “any amount
required to be paid”;

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

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

(2) 40In the heading, after “prosecutor” insert “etc”.

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

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

(a) in subsection (2) omit “(2),”;

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

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

(7D) In considering whether to make an order under subsection (7), the
court must, in particular, consider whether any restriction or
5prohibition on the defendant’s travel outside the United Kingdom
ought to be imposed for the purpose mentioned in that subsection.

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

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

(3) 10For 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) 15otherwise, the court must discharge the order on the
conclusion of the proceedings.

(8) If 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
20the application is not made;

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

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

51 25In section 277 of that Act (consent orders: pensions), in subsection (7)(b),
after “section 245E,” insert “PPO receiver,”.

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

53 30In section 341 of that Act (investigations), in subsection (1) omit “or” at the
end of paragraph (a).

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

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

(a) 35in the application of this Part to England and Wales, have the
same meanings as in Part 2;

(b) in 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
40same meanings as in Part 4.

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

(2) In subsection (4)(a)—

(a) after “section” insert “35(2C),”;

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

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(3) In subsection (7A)—

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

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

56 In Schedule 10 to that Act, in paragraph 1 (disapplication of special income
5tax 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)

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

10Sexual Offences Act 2003 (c. 42)2003 (c. 42)

58 In section 78 of the Sexual Offences Act 2003 (meaning of “sexual”), for
“except section 71” substitute “except sections 15A and 71”.

59 In Schedule 2 to that Act (sexual offences to which provisions about extra-
territorial application apply), in paragraph 1(a), for “sections 5 to 19”
15substitute “sections 5 to 15, 16 to 19”.

60 (1) Schedule 3 to that Act (sexual offences for purposes of Part 2 (notification
requirements etc)) is amended as follows.

(2) After paragraph 24 insert—

24A An offence under section 15A of this Act (sexual communication
20with a child).

(3) After paragraph 35B insert—

35C An offence under section 68 of the Serious Crime Act 2015
(possession of paedophile manual) if the offender—

(a) was 18 or over, or

(b) 25is sentenced in respect of the offence to imprisonment for a
term of at least 12 months.

(4) After paragraph 92X insert—

92Y An offence under section 68 of the Serious Crime Act 2015
(possession of paedophile manual) if the offender—

(a) 30was 18 or over, or

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

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

61 In Schedule 3 to the Criminal Justice Act 2003, omit paragraph 75(3) (which
35is spent as a result of the amendment made by section 9(1)).

62 In Schedule 15 to that Act (specified offences for purposes of Chapter 5 of
Part 12), after paragraph 116 insert—

An offence under section 15A of that Act (sexual communication
with a child).

Serious Crime BillPage 118

63 (1) Schedule 34A to that Act (child sex offences for purposes of section 327A) is
amended as follows.

(2) In paragraph 7(b), for “15” substitute “15A”.

(3) After paragraph 13A insert—

13B 5An offence under section 68 of the Serious Crime Act 2015
(possession of paedophile manual).

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

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

65 10In 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).

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

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

(3) 15In subsection (4)(a) omit “77 and”.

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

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

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

67 In section 17 of the Terrorism Act 2006 (commission of offences abroad), in
20subsection (2)(a)—

(a) omit “or 6”;

(b) omit “, instruction or training”.

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

68 In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the
25possible 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
30creating risk of, serious damage);;

(b) at the end insert—

(ax) an offence under section 68 of the Serious Crime
Act 2015 (possession of paedophile manual).

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

69 35In section 9 of the Serious Crime Act 2007 (right of third parties to make
representations), in subsection (4), for “or 21” substitute “, 21 or 22E”.

70 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.

Serious Crime BillPage 119

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

(2) After subsection (2) insert—

(2A) A court that makes an order by virtue of subsection (2) in the case of
5a 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) A 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
10order in Northern Ireland must discharge the existing order.

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

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

74 (1) 15Schedule 1 to that Act (serious offences) is amended as follows.

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

Organised crime

13A An offence under section 45 of the Serious Crime Act 2015
20(participating in activities of organised crime group).

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

Firearms offences.

75 In Part 2 of Schedule 3 to that Act (offences under particular enactments:
25England and Wales), after paragraph 38 insert—

Serious Crime Act 2015

38A An offence under section 45 of the Serious Crime Act 2015
(participating in activities of organised crime group).

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

76 30In the Policing and Crime Act 2009, in the heading of Part 4, after “violence
insert “and drug-dealing activity”.

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

78 In section 49 (interpretation), at the appropriate place in subsection (1)
35insert—

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