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| given up to and including |
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| New Amendments handed in are marked thus |
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| Amendments which will comply with the required notice period at their next appearance |
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| Criminal Finances Bill, As Amended
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill. |
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| | To move the following Clause— |
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| | | “Unlawful conduct: gross human rights abuses or violations |
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| | (1) | Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of |
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| | unlawful conduct) is amended as follows. |
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| | (2) | In section 241 (meaning of “unlawful conduct”), after subsection (2) insert— |
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| | (a) | occurs in a country or territory outside the United Kingdom, |
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| | (b) | constitutes, or is connected with, the commission of a gross |
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| | human rights abuse or violation (see section 241A), and |
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| | (c) | if it occurred in a part of the United Kingdom, would be an |
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| | offence triable under the criminal law of that part on indictment |
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| | only or either on indictment or summarily, |
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| | | is also unlawful conduct.” |
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| | (3) | After that section insert— |
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| | “241A | “Gross human rights abuse or violation” |
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| | (1) | Conduct constitutes the commission of a gross human rights abuse or |
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| | violation if each of the following three conditions is met. |
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| | (2) | The first condition is that— |
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| | (a) | the conduct constitutes the torture of a person who has sought— |
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| | (i) | to expose illegal activity carried out by a public official |
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| | or a person acting in an official capacity, or |
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| | (ii) | to obtain, exercise, defend or promote human rights and |
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| | (b) | the conduct otherwise involves the cruel, inhuman or degrading |
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| | treatment or punishment of such a person. |
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| | (3) | The second condition is that the conduct is carried out in consequence of |
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| | that person having sought to do anything falling within subsection |
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| | (4) | The third condition is that the conduct is carried out— |
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| | (a) | by a public official, or a person acting in an official capacity, in |
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| | the performance or purported performance of his or her official |
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| | (b) | by a person not falling within paragraph (a) at the instigation or |
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| | with the consent or acquiescence— |
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| | (i) | of a public official, or |
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| | (ii) | of a person acting in an official capacity, |
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| | | who in instigating the conduct, or in consenting to or acquiescing |
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| | in it, is acting in the performance or purported performance of his |
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| | (5) | Conduct is connected with the commission of a gross human rights abuse |
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| | or violation if it is conduct by a person that involves— |
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| | (a) | acting as an agent for another in connection with activities |
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| | relating to conduct constituting the commission of a gross human |
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| | rights abuse or violation, |
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| | (b) | directing, or sponsoring, such activities, |
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| | (c) | profiting from such activities, or |
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| | (d) | materially assisting such activities. |
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| | (6) | Conduct that involves the intentional infliction of severe pain or suffering |
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| | on another person is conduct that constitutes torture for the purposes of |
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| | (7) | It is immaterial whether the pain or suffering is physical or mental and |
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| | whether it is caused by an act or omission. |
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| | (8) | The cases in which a person materially assists activities for the purposes |
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| | of subsection (5)(d) include those where the person— |
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| | (a) | provides goods or services in support of the carrying out of the |
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| | (b) | otherwise provides any financial or technological support in |
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| | connection with their carrying out.” |
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| | (4) | The amendments made by this section— |
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| | (a) | apply in relation to conduct, so far as that conduct constitutes or is |
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| | connected with the torture of a person (see section 241A(2)(a) of the |
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| | Proceeds of Crime Act 2002 as inserted by subsection (3) above), |
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| | whether the conduct occurs before or after the coming into force of this |
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| | (b) | apply in relation to property obtained through such conduct whether the |
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| | property is obtained before or after the coming into force of this section; |
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| | (c) | apply in relation to conduct, so far as that conduct involves or is |
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| | connected with the cruel, inhuman or degrading treatment or punishment |
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| | of a person (see section 241A(2)(b) of that Act as inserted by subsection |
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| | (3) above), only if the conduct occurs after the coming into force of this |
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| | | This is subject to subsection (5). |
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| | (5) | Proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 may |
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| | not be brought in respect of property obtained through unlawful conduct of the |
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| | kind mentioned in section 241(2A) of the Proceeds of Crime Act 2002 (as |
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| | inserted by subsection (2) above) after the end of the period of 20 years from the |
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| | date on which the conduct constituting the commission of the gross human rights |
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| | abuse or violation concerned occurs. |
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| | (6) | Proceedings under that Chapter are brought in England and Wales or Northern |
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| | (a) | a claim form is issued, |
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| | (b) | an application is made for a property freezing order under section 245A |
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| | (c) | an application is made for an interim receiving order under section 246 |
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| | | whichever is the earliest. |
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| | (7) | Proceedings under that Chapter are brought in Scotland when— |
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| | (a) | the proceedings are served, |
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| | (b) | an application is made for a prohibitory property order under section |
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| | (c) | an application is made for an interim administration order under section |
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| | | whichever is the earliest.” |
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| | Member’s explanatory statement
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| | This new clause extends the meaning of “unlawful conduct” for the purposes of Part 5 of the |
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| | Proceeds of Crime Act 2002, so that it includes conduct in other countries that constitutes the gross |
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| | human rights abuse or violation of a person who has sought to expose illegal activity of a public |
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| | official or person acting in an official capacity, or to promote etc human rights. Part 5 confers civil |
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| | recovery powers in relation to property that has been obtained through unlawful conduct. |
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| | To move the following Clause— |
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| | | “Her Majesty’s Revenue and Customs: removal of restrictions |
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| | (1) | The following provisions, which impose restrictions on the exercise of certain |
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| | powers conferred on officers of Revenue and Customs, are amended as follows. |
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| | (2) | In section 23A of the Criminal Law (Consolidation) (Scotland) Act 1995 |
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| | (investigation of offences by Her Majesty’s Revenue and Customs), omit the |
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| | (a) | in subsection (2), the words “Subject to subsection (3) below,” and the |
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| | words from “other than” to the end of the subsection; |
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| | (3) | In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation), |
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| | (a) | in subsection (1), in paragraph (ba) of the definition of “officer of law”, |
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| | the words “subject to subsection (1A) below,”; |
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| | (4) | In the Proceeds of Crime Act 2002 omit the following— |
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| | (a) | in section 289 (searches), subsections (5)(ba) and (5A); |
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| | (b) | in section 294 (seizure of cash), subsections (2A), (2B) and (2C); |
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| | (c) | section 375C (restriction on exercise of certain powers conferred on |
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| | officers of Revenue and Customs); |
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| | (d) | section 408C (restriction on exercise of certain powers conferred on |
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| | officers of Revenue and Customs). |
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| | (5) | In the Finance Act 2007, in section 84 (sections 82 and 83: supplementary), omit |
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| | Member’s explanatory statement
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| | This new clause, together with amendments 20, 25 and 28, removes restrictions on the exercise of |
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| | certain powers by HMRC officers. The restrictions prevented the powers being exercised in |
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| | relation to certain former Inland Revenue functions. |
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| Caroline Lucas | Mr Andrew Mitchell | Mr Dominic Grieve | Dr Sarah Wollaston | Mr Jonathan Djanogly | Tim Loughton | Mr Jacob Rees-Mogg | James Gray | Bob Stewart | Sir Edward Garnier | Ms Harriet Harman | Margaret Beckett | Chris Bryant | Catherine McKinnell | Caroline Flint | Rachel Reeves | Mr Ben Bradshaw | Rushanara Ali | Mr David Lammy | Ms Margaret Ritchie | Mark Durkan | Sammy Wilson | Fiona Mactaggart | Mr George Howarth | Ian Austin | Ms Karen Buck | Ann Coffey | Ms Angela Eagle | Neil Gray | Drew Hendry | Calum Kerr | Dr Eilidh Whiteford | Brendan O’Hara | Stephen Gethins | Ms Tasmina Ahmed-Sheikh | Hannah Bardell | Joanna Cherry |
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| John Nicolson | Douglas Chapman | Chris Stephens | Patrick Grady | Charlie Elphicke | Mr Nigel Dodds | Sir Jeffrey Donaldson | Richard Benyon |
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| | To move the following Clause— |
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| | | “Civil recovery: gross abuse of human rights |
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| | (1) | Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of |
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| | unlawful conduct) is amended as follows. |
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| | (2) | In section 241 (which defines unlawful conduct), after subsection (2), insert— |
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| | (a) | occurs in a country or territory outside the United Kingdom and |
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| | has been designated as conduct by a person connected to a gross |
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| | human rights abuse in accordance with the provisions of section |
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| | (b) | if it occurred in a part of the United Kingdom, would be or would |
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| | have been unlawful under the criminal law of that part at the |
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| | | is also unlawful conduct.” |
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| | (3) | After section 241 (which defines unlawful conduct), insert— |
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| | “241A | Conduct connected to a gross human rights abuse |
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| | (1) | “Conduct connected to a gross human rights abuse” means— |
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| | (a) | involvement by a Person (“A”) in torture or other serious |
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| | breaches of human rights and fundamental freedoms against a |
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| | Person (“B”) where B sought or seeks— |
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| | (i) | to expose illegal activity carried out by foreign public |
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| | (ii) | to obtain, exercise, defend or promote human rights and |
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| | (b) | activities by a Person (“C”) as an agent in a matter relating to an |
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| | activity by A described in paragraph (a), |
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| | (c) | activities by a Person (“D”) to profit from, materially assist, |
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| | sponsor, or provide financial, material or technological support |
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| | for, or goods and services in support of, an activity by A |
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| | described in paragraph (a), |
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| | (d) | commission by a Person (“E”), whether or not a foreign public |
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| | official, of the illegal activity described in paragraph (a)(i). |
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| | (2) | For the purposes of this section, it is immaterial where the conduct |
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| | (3) | In this section “human rights and fundamental freedoms” means the |
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| | “Convention rights” as defined in section 1 of the Human Rights Act |
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| | 241B | Designation of conduct connected to a gross human rights abuse |
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| | (1) | The High Court may make an order designating that the actions of the |
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| | respondent constitute conduct connected to a gross human rights abuse |
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| | and, if considered appropriate, that— |
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| | (a) | a person is prohibited from dealing with property, funds or |
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| | economic resources owned, held or controlled by the respondent |
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| | if the person knows, or has reasonable cause to suspect, that the |
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| | person is dealing with such property, funds or economic |
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| | (b) | a person is prohibited from making property, funds or financial |
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| | services available (directly or indirectly) to the respondent if the |
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| | person knows, or has reasonable cause to suspect that the person |
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| | is making the funds or financial services so available, |
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| | (c) | a person is prohibited from making funds or financial services |
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| | available to any person for the benefit of the respondent if the |
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| | person knows, or has reasonable cause to suspect, that the person |
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| | is making the funds or financial services so available. |
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| | (2) | An order under subsection (1) may only be made on application. |
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| | (3) | An application for an order under subsection (1) may be made by— |
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| | (a) | the Secretary of State, |
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| | (c) | an entity, including a non-governmental organisation. |
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| | (4) | An application for an order under subsection (1) must be supported by a |
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| | statement of information which addresses— |
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| | (a) | the circumstances surrounding the respondent’s conduct |
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| | connected to a gross human rights abuse, and |
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| | (b) | the nature and extent of the respondent’s involvement. |
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| | (5) | An application for an order under subsection (1) may be made without |
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| | notice to the respondent to a judge in chambers. |
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| | (6) | The Court must be satisfied that it is in the public interest to make an |
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| | order under subsection (1). |
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| | (7) | The Court shall reach a decision on an order under subsection (1) on the |
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| | balance of probabilities. |
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| | 241C | Duration, extension, variation and discharge of an order |
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| | (1) | The High Court shall specify the duration of an order under section |
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| | 241B(1) which shall not exceed two years. |
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| | (2) | In determining the duration of an order, the Court shall have regard to the |
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| | likely duration of consequential proceedings under this Part. |
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| | (3) | The Court may extend an order for a maximum period to two years at any |
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| | time before it expires, if it is satisfied that the requirements of a |
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| | designation order continue to be met. |
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| | (4) | An extension application may be made without the need for a hearing if |
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| | the court considers it appropriate. |
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| | (5) | An application to extend, vary or discharge an order may be made to the |
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| | (a) | the Secretary of State, |
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| | (d) | any person affected by the order. |
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| | (6) | An application to discharge a designation order must be made by the |
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| | applicant as soon as reasonably practicable in circumstances where the |
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| | requirements of an order are no longer satisfied. |
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