Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 1 March 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC22

 

Public Bill Committee


 

Sanctions and Anti-Money Laundering Bill


 

[Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the Committee [27 February 2018].

 


 

Helen Goodman

 

39

 

Parliamentary Star - white    

Clause  47,  page  34,  line  33,  leave out paragraph (a)

 

Member’s explanatory statement

 

This amendment would remove paragraph 2(a) from Clause 47, which enables the appropriate

 

Minister to amend, repeal or revoke enactments for regulations under section 1 or 43.

 

Sir Alan Duncan

 

8

 

Clause  47,  page  34,  line  38,  leave out subsection (3) and insert—

 

“(3)    

Regulations under section 1 may amend the definition of “terrorist financing” in

 

section 43(4) so as to remove any reference to a provision of regulations that is

 

revoked by regulations under section 1.


 
 

Notices of Amendments: 1 March 2018                     

2

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(3A)    

Regulations under section 1 may amend the definition of “terrorist financing” in

 

section 43(4) so as to add a reference to a provision of regulations under section

 

1 that contains an offence, but only if—

 

(a)    

each purpose of the regulations containing the offence, as stated under

 

section 1(3), is compliance with a UN obligation or other international

 

obligation, or

 

(b)    

paragraph (a) does not apply but the report under section 2 in respect of

 

the regulations containing the offence indicates that, in the opinion of the

 

appropriate Minister making those regulations, the carrying out of a

 

purpose stated in those regulations under section 1(3) would further the

 

prevention of terrorism in the United Kingdom or elsewhere.”

 

Member’s explanatory statement

 

This amendment provides that regulations under Clause 1 may amend the definition of “terrorist

 

financing” in the Bill to add a reference to an offence only where the purpose of the regulations

 

containing the offence is compliance with a UN or other international obligation or a purpose

 

related to the prevention of terrorism.

 


 

Helen Goodman

 

40

 

Parliamentary Star - white    

Clause  48,  page  36,  line  1,  leave out paragraph (d)

 

Alison Thewliss

 

37

 

Clause  48,  page  36,  line  5,  

 

“(5A)    

A statutory instrument containing regulations under section 1 that repeals,

 

revokes or amends—

 

(a)    

an Act of the Scottish Parliament,

 

(b)    

a Measure or Act of the National Assembly for Wales, or

 

(c)    

Northern Ireland legislation,

 

    

must receive the consent of the Scottish Parliament, the National Assembly for

 

Wales and the Northern Ireland Assembly, respectively.”

 

Member’s explanatory statement

 

This amendment would require the UK Government to obtain the consent of the devolved

 

administrations before repealing, revoking or amending devolved legislation using a statutory

 

instrument containing regulations under section 1.

 


 

Helen Goodman

 

41

 

Parliamentary Star - white    

Clause  54,  page  41,  line  6,  leave out “may” and insert “must”

 

Helen Goodman

 

42

 

Parliamentary Star - white    

Clause  54,  page  41,  line  16,  leave out “may” and insert “must”

 

Helen Goodman

 

43

 

Parliamentary Star - white    

Clause  54,  page  41,  line  22,  leave out “may” and insert “must”


 
 

Notices of Amendments: 1 March 2018                     

3

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Helen Goodman

 

44

 

Parliamentary Star - white    

Clause  54,  page  41,  line  25,  leave out “may” and insert “must”

 


 

Sir Alan Duncan

 

9

 

Clause  56,  page  42,  line  3,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment removes the privilege amendment inserted by the Lords.

 


 

Sir Alan Duncan

 

NC3

 

To move the following Clause—

 

         

“Report in respect of offences in regulations

 

(1)    

In this section “relevant regulations” means regulations under section 1 which

 

create any offence for the purposes of—

 

(a)    

the enforcement of any prohibitions or requirements imposed by or under

 

regulations under section 1, or

 

(b)    

preventing any such prohibitions or requirements from being

 

circumvented.

 

(2)    

The appropriate Minister making any relevant regulations (“the Minister”) must

 

at the required time lay before Parliament a report which—

 

(a)    

specifies the offences created by the regulations, indicating the

 

prohibitions or requirements to which those offences relate,

 

(b)    

states that the Minister considers that there are good reasons for those

 

prohibitions or requirements to be enforceable by criminal proceedings

 

and explains why the Minister is of that opinion, and

 

(c)    

in the case of any of those offences which are punishable with

 

imprisonment—

 

(i)    

states the maximum terms of imprisonment that apply to those

 

offences,

 

(ii)    

states that the Minister considers that there are good reasons for

 

those maximum terms, and

 

(iii)    

explains why the Minister is of that opinion.

 

(3)    

Subsection (4) applies where an offence created by the regulations relates to a

 

particular prohibition or requirement and the Minister considers that a good

 

reason—

 

(a)    

for that prohibition or requirement to be enforceable by criminal

 

proceedings, or

 

(b)    

for a particular maximum term of imprisonment to apply to that offence,

 

    

is consistency with another enactment relating to the enforcement of a similar

 

prohibition or requirement.

 

(4)    

The report must identify that other enactment.

 

(5)    

In subsection (3) “another enactment” means any provision of or made under an

 

Act, other than a provision of the regulations to which the report relates.


 
 

Notices of Amendments: 1 March 2018                     

4

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(6)    

In subsection (2) “the required time” means—

 

(a)    

in the case of regulations contained in a statutory instrument which is laid

 

before Parliament after being made, the same time as the instrument is

 

laid before Parliament;

 

(b)    

in the case of regulations contained in a statutory instrument a draft of

 

which is laid before Parliament, the same time as the draft is laid.

 

(7)    

This section applies to regulations which amend other regulations under section

 

1 so as to create an offence as it applies to regulations which otherwise create an

 

offence.”

 

Member’s explanatory statement

 

This new clause requires that where regulations under Clause 1 are made which include offences,

 

a report specifying the offences and giving reasons for any terms of imprisonment that apply to

 

them must be laid before Parliament.

 


 

Sir Alan Duncan

 

NC4

 

To move the following Clause—

 

         

“Duties to lay certain reports before Parliament: further provision

 

(1)    

In this section “a reporting provision” means section 2(4), (Report in respect of

 

offences in regulations)(2) or 40(2) or paragraph 20A(2) of Schedule 2 (duties to

 

lay before Parliament certain reports relating to regulations).

 

(2)    

Where more than one reporting provision applies in relation to particular

 

regulations under section 1, the reports to which those provisions relate may be

 

contained in a single document.

 

(3)    

If a reporting provision is not complied with, the appropriate Minister who should

 

have complied with that provision must publish a written statement explaining

 

why that Minister failed to comply with it.

 

(4)    

Subsection (5) applies where a reporting provision applies and—

 

(a)    

a statutory instrument containing the regulations concerned, or

 

(b)    

a draft of such an instrument,

 

    

is laid before the House of Commons and House of Lords on different days.

 

(5)    

Where this subsection applies, the reporting provision in question is to be read as

 

requiring the laying of a copy of the report to which that provision relates—

 

(a)    

before the House of Commons at the time the instrument or draft

 

mentioned in subsection (4) is laid before the House of Commons, and

 

(b)    

before the House of Lords at the time that instrument or draft is laid

 

before the House of Lords.”

 

Member’s explanatory statement

 

This new clause enables certain reports relating to regulations to be combined in one document,

 

requires a written statement to be made by the Minister if certain reporting requirements are not

 

complied with, and clarifies how those requirements apply.

 



 
 

Notices of Amendments: 1 March 2018                     

5

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Helen Goodman

 

Anneliese Dodds

 

NC1

 

To move the following Clause—

 

         

“Public registers of beneficial ownership of companies in the British overseas

 

territories

 

(1)    

For the purpose of preventing money laundering, the Secretary of State must

 

provide all reasonable assistance to the governments of—

 

(a)    

Anguilla;

 

(b)    

Bermuda;

 

(c)    

the British Virgin Islands;

 

(d)    

the Cayman Islands;

 

(e)    

Montserrat; and

 

(f)    

the Turks and Caicos Islands,

 

    

to enable each of those governments to establish a publicly accessible register of

 

the beneficial ownership of companies registered in that government’s

 

jurisdiction.

 

(2)    

No later than 1 January 2019 the Secretary of State must prepare an Order in

 

Council in respect of any British overseas territories listed in subsection (1) that

 

have not by that date introduced a publicly accessible register of the beneficial

 

ownership of companies within their jurisdiction, requiring them to adopt such a

 

register by 1 January 2020.

 

(3)    

In this section a “publicly accessible register of beneficial ownership of

 

companies” means a register which, in the opinion of the Secretary of State,

 

provides information broadly equivalent to that available in accordance with the

 

provisions of Part 21A of the Companies Act 2006 (information about people

 

with significant control).”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to take steps to ensure the governments of

 

specified British overseas territories introduce public registers of beneficial ownership of

 

companies.

 


 

Helen Goodman

 

Anneliese Dodds

 

NC2

 

To move the following Clause—

 

         

“Public register of beneficial ownership of UK property by companies and

 

other legal entities registered outside the UK

 

(1)    

In addition to the provisions made under paragraph 6 of Schedule 2, for the

 

purpose of preventing money laundering in the UK property market and public

 

procurement, the Secretary of State must create a public register of beneficial

 

ownership information for companies and other legal entities registered outside

 

of the UK that own or buy UK property, or bid for UK government contracts.

 

(2)    

The register must be implemented within 12 months of the day on which this Act

 

is passed.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to create a public register of beneficial


 
 

Notices of Amendments: 1 March 2018                     

6

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

ownership information for companies and other legal entities registered outside of the UK that

 

own or buy UK property, or bid for UK government contracts, within 12 months.

 


 

Helen Goodman

 

NC5

 

To move the following Clause—

 

         

“Reports on the use of exemptions and licensing

 

(1)    

Where regulations are made under section 1, the appropriate Minister must—

 

(a)    

prepare a report on the matters mentioned in subsection (2) for—

 

(i)    

the period of twelve months beginning with the day on which the

 

regulations made under section 1 come into force; and

 

(ii)    

every subsequent twelve month period; and

 

(b)    

lay a copy of each such report before Parliament.

 

(2)    

The matters are—

 

(a)    

the number of applications for humanitarian licences made during the

 

reporting period including specific detail about whether licences were

 

requested by EU Member States or the United States of America;

 

(b)    

the number of humanitarian licences granted, refused or withdrawn

 

during the reporting period;

 

(c)    

the number of non-humanitarian exemptions and licences requested;

 

(d)    

the number of non-humanitarian exemptions and licences granted,

 

refused or withdrawn; and

 

(e)    

the amount of time taken for each application to be processed during the

 

reporting period.”

 

Member’s explanatory statement

 

This new clause would require the Government to lay a report before Parliament every 12 months

 

reporting on the use of both humanitarian and non-humanitarian exemptions and licensing.

 


 

Helen Goodman

 

NC6

 

To move the following Clause—

 

         

“Alignment of Sanctions

 

(1)    

It shall be a negotiating objective of Her Majesty’s Government in negotiations

 

on the matters specified in subsection (2) to continue the United Kingdom’s

 

participation in the Political and Security Committee of the European Union in

 

order to align sanctions policy with the European Union.

 

(2)    

Those matters are—

 

(a)    

the United Kingdom’s withdrawal from the European Union, and

 

(b)    

a permanent agreement with the European Union for a period subsequent

 

to the transitional period after the United Kingdom’s withdrawal from the

 

European Union.

 

(3)    

It shall be the duty of the Secretary of State to lay a report before both Houses of

 

Parliament in accordance with either subsection (4) or subsection (5).


 
 

Notices of Amendments: 1 March 2018                     

7

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(4)    

A report under this subsection shall be to the effect that the negotiating objective

 

specified in subsection (1) has been achieved.

 

(5)    

A report under this subsection shall be to the effect that the negotiating objective

 

specified in subsection (1) has not been achieved.

 

(6)    

This Act shall not come into force until a report under either subsection (4) or (5)

 

has been approved via resolution of the House of Commons and considered by

 

the House of Lords.”

 

Member’s explanatory statement

 

This new clause would require the UK Government to seek continued participation in the Political

 

and Security Committee so as to allow alignment on international sanctions.

 


 

Helen Goodman

 

Anneliese Dodds

 

NC7

 

To move the following Clause—

 

         

“Parliamentary committee to scrutinise regulations

 

(1)    

A Minister may not lay before Parliament a statutory instrument under section

 

48(5) unless a committee of the House of Commons charged with scrutinising

 

statutory instruments made under this Act has recommended that the instrument

 

be laid.

 

(2)    

The committee of the House of Commons so charged under subsection (1) may

 

scrutinise any reviews carried out under section 27 of this Act.”

 

Member’s explanatory statement

 

This new clause would require a specialised House of Commons Committee to approve all

 

statutory instruments laid under the affirmative procedure under this Act. The Committee would

 

also scrutinise the Government’s reviews of sanctions regulations.

 


 

Helen Goodman

 

Anneliese Dodds

 

NC8

 

To move the following Clause—

 

         

“Public registers of beneficial ownership of companies in the British Crown

 

Dependencies

 

(1)    

For the purpose of preventing money laundering, the Secretary of State must

 

consult with the authorities of governments in each Crown Dependency on

 

establishing a publicly accessible register of the beneficial ownership of

 

companies registered in their jurisdictions.

 

(2)    

Within 6 months of this Act being passed, and every 12 months thereafter, the

 

Secretary of State must report to Parliament on progress within the Crown

 

Dependencies on establishing registers as referred to in subsection (1).

 

(3)    

In this section a “publicly accessible register of beneficial ownership of

 

companies” means a register which, in the opinion of the Secretary of State,

 

provides information broadly equivalent to that available in accordance with the


 
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Revised 01 March 2018