Session 2017-19
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Other Bills before Parliament


 
 

1

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 1 May 2018

 

Report Stage Proceedings

 

Sanctions and Anti-Money Laundering Bill


 

[Lords], As Amended


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Speaker.

 

 


 

New Clauses, new Schedules and amendments relating to gross violations

 

of human rights, to public registers in Crown Dependencies and British

 

overseas territories of beneficial ownership of companies, or to

 

Scottish limited partnerships

 

Sir Alan Duncan

 

Helen Goodman

 

Anneliese Dodds

 

Added  NC3

 

To move the following Clause—

 

         

“Periodic reports on exercise of power to make regulations under section 1

 

(1)    

The Secretary of State must as soon as reasonably practicable after the end of each

 

reporting period lay before Parliament a report which—


 
 

Report Stage Proceedings: 1 May 2018                  

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

 
 

(a)    

specifies the regulations under section 1, if any, that were made in that

 

reporting period,

 

(b)    

identifies which, if any, of those regulations—

 

(i)    

stated a relevant human rights purpose, or

 

(ii)    

amended or revoked regulations stating such a purpose,

 

(c)    

specifies any recommendations which in that reporting period were made

 

by a Parliamentary Committee in connection with a relevant independent

 

review, and

 

(d)    

includes a copy of any response to those recommendations which was

 

made by the government to that Committee in that reporting period.

 

(2)    

Nothing in subsection (1)(d) requires a report under this section to contain

 

anything the disclosure of which may, in the opinion of the Secretary of State,

 

damage national security or international relations.

 

(3)    

For the purposes of this section the following are reporting periods—

 

(a)    

the period of 12 months beginning with the day on which this Act is

 

passed (“the first reporting period”), and

 

(b)    

each period of 12 months that ends with an anniversary of the date when

 

the first reporting period ends.

 

(4)    

For the purposes of this section—

 

(a)    

regulations “state” a purpose if the purpose is stated under section 1(3) in

 

the regulations;

 

(b)    

a purpose is a “relevant human rights purpose” if, in the opinion of the

 

Secretary of State, carrying out that purpose would provide

 

accountability for or be a deterrent to gross violations of human rights.

 

(5)    

In this section—

 

“the government” means the government of the United Kingdom;

 

“gross violation of human rights” has the meaning given by section 1(6A);

 

a “Parliamentary Committee” means a committee of the House of

 

Commons or a committee of the House of Lords or a joint committee of

 

both Houses;

 

a “relevant independent review”, in relation to a Parliamentary Committee,

 

means a consideration by that Committee of whether the power to make

 

regulations under section 1 should be exercised in connection with a

 

gross violation of human rights.”

 


 

Sir Alan Duncan

 

Not selected  NC21

 

Parliamentary Star    

To move the following Clause—

 

         

“Reports on public registration of beneficial ownership in certain territories

 

(1)    

The Secretary of State must, after the end of each reporting period, publish a

 

report—

 

(a)    

explaining in respect of each relevant territory what engagement took

 

place in that reporting period between—

 

(i)    

the government of the United Kingdom, and

 

(ii)    

the government of that territory,

 

    

on the subject of introducing in that territory a system of public registers

 

of beneficial ownership of companies, and


 
 

Report Stage Proceedings: 1 May 2018                  

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

 
 

(b)    

noting any international standards (including in particular Standards

 

published by the Financial Action Task Force) to which the government

 

of the United Kingdom has had regard in any such engagement.

 

(2)    

Where a system of public registers of beneficial ownership of companies has been

 

introduced in a relevant territory—

 

(a)    

the report under subsection (1) relating to the reporting period in which

 

the system was introduced must note that it has been introduced, and

 

(b)    

the duty in that subsection does not subsequently apply in respect of that

 

territory.

 

(3)    

Where a report is published under subsection (1) the Secretary of State must lay

 

a copy of it before Parliament.

 

(4)    

For the purposes of this section the following are reporting periods—

 

(a)    

the period of 12 months beginning with the day on which this Act is

 

passed (“the first reporting period”), and

 

(b)    

each period of 12 months that ends with an anniversary of the date when

 

the first reporting period ends.

 

(5)    

For the purposes of this section the following are relevant territories—

 

any of the Channel Islands;

 

the Isle of Man;

 

Anguilla;

 

Bermuda;

 

Cayman Islands;

 

Gibraltar;

 

Montserrat;

 

Turks and Caicos Islands;

 

Virgin Islands.

 

(6)    

For the purposes of this section, a system of public registers of beneficial

 

ownership of companies has been introduced in a relevant territory when the law

 

of that territory includes public registration provision which is in force.

 

(7)    

In this section “public registration provision” means provision which in the

 

opinion of the Secretary of State broadly corresponds to Part 21A of the

 

Companies Act 2006 (information about people with significant control).

 

(8)    

The reference in subsection (7) to Part 21A of the Companies Act 2006 includes

 

any regulations made under that Part.”

 


 

Sir Alan Duncan

 

Not selected  NC22

 

Parliamentary Star    

To move the following Clause—

 

         

“Provision about introducing public registration of beneficial ownership in

 

certain territories

 

(1)    

Her Majesty may by Order in Council—

 

(a)    

provide for any provisions of or made under Part 21A of the Companies

 

Act 2006 (information about people with significant control) to extend to

 

a relevant overseas territory, with or without modifications, or


 
 

Report Stage Proceedings: 1 May 2018                  

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

 
 

(b)    

make public registration provision for a relevant overseas territory,

 

    

if the territory is one in which a system of public registers of beneficial ownership

 

of companies has not been introduced before the date the Order in Council is

 

made.

 

(2)    

No recommendation may be made to Her Majesty in Council to make an Order

 

under this section unless a draft of the Order has been laid before, and approved

 

by a resolution of, each House of Parliament.

 

(3)    

If—

 

(a)    

the Financial Action Task Force publishes a Standard which

 

recommends that its members have publicly accessible registers of

 

beneficial ownership of companies, and

 

(b)    

a system of public registers of beneficial ownership of companies has not

 

been introduced in a particular relevant overseas territory by the relevant

 

time,

 

    

the Secretary of State must prepare a draft of an Order in Council under this

 

section which relates to that territory.

 

(4)    

In subsection (3) “the relevant time”, in relation to a territory, means the earliest

 

time following the publication of the Standard by which, in the opinion of the

 

Secretary of State, it would have been practicable for a system of public registers

 

of beneficial ownership of companies to have been introduced in that territory.

 

(5)    

An Order in Council under subsection (1)—

 

(a)    

may include supplemental, incidental, consequential and transitional

 

provision, and

 

(b)    

in particular, may provide for relevant provisions to prevail in the case of

 

any inconsistency between such provisions and any other provision in the

 

law of the territory to which they relate.

 

(6)    

In subsection (5) “relevant provision” means a provision of or made under the

 

Order, or a provision as extended by the Order to a territory.

 

(7)    

In this section “relevant overseas territory” means a British overseas territory

 

which is mentioned in section (Reports on public registration of beneficial

 

ownership in certain territories)(5).

 

(8)    

In this section the following have the same meaning as they have in section

 

(Reports on public registration of beneficial ownership in certain territories) (see

 

subsections (6) to (8) of that section)—

 

(a)    

“public registration provision”;

 

(b)    

references to introducing a system of public registers of beneficial

 

ownership of companies.

 

(9)    

Nothing in section 56(1) (provision about extent) is to be taken to limit the extent

 

of any power in this section.

 

(10)    

Nothing in this section affects any power to make an Order in Council in relation

 

to a relevant overseas territory that Her Majesty has apart from this section.”

 



 
 

Report Stage Proceedings: 1 May 2018                  

5

 

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

 
 

Sir Alan Duncan

 

Not selected  NC23

 

Parliamentary Star    

To move the following Clause—

 

         

“Independent review relating to certain territories

 

(1)    

The Secretary of State must appoint an independent person to carry out a review

 

of what the likely effects would be if provision broadly corresponding to UK

 

public registration law were in force in each of the relevant territories.

 

(2)    

A review under this section must in particular include a consideration of the likely

 

effects of such provision on the prevention, detection and investigation of money

 

laundering.

 

(3)    

The person who conducts a review under this section must as soon as reasonably

 

practicable after completing the review send a report on its outcome to the

 

Secretary of State.

 

(4)    

On receiving a report under this section the Secretary of State must lay a copy of

 

it before Parliament.

 

(5)    

The Secretary of State may pay the expenses of a person who conducts a review

 

under this section and also such allowances as the Secretary of State may

 

determine.

 

(6)    

In this section—

 

“relevant territory” has the same meaning as in section (Reports on public

 

registration of beneficial ownership in certain territories);

 

“UK public registration law” means Part 21A of the Companies Act 2006

 

(information about people with significant control), including any

 

regulations made under that Part.”

 


 

Sir Alan Duncan

 

Not selected  NC24

 

Parliamentary Star    

To move the following Clause—

 

         

“Sharing of beneficial ownership information

 

In section 445A(3)(a) of the Proceeds of Crime Act 2002 (report on sharing of

 

beneficial ownership information), for “July” substitute “March”.”

 


 

Alison Thewliss

 

Dame Margaret Hodge

 

Not called  NC1

 

To move the following Clause—

 

         

“Scottish Limited Partnerships: partner requirement

 

(1)    

For the purposes of preventing money laundering, where a limited partnership

 

registered in Scotland has general partners at least one of those must be a British

 

citizen.

 

(2)    

Where a limited partnership registered in Scotland has limited partners at least

 

one of those must be a British citizen.


 
 

Report Stage Proceedings: 1 May 2018                  

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

 
 

(3)    

In this section—

 

a “limited partnership registered in Scotland” means a partnership

 

registered under the Limited Partnerships Act 1907;

 

“British citizen” has the meaning given in part 1 of the British Nationality

 

Act 1981.

 

“general partner” has the meaning given in section 4(2) of the Limited

 

Partnership Act 1907;

 

“limited partner” has the meaning given in section 4(2A) of the Limited

 

Partnership Act 1907”

 


 

Dame Margaret Hodge

 

Mr Andrew Mitchell

 

Richard Benyon

 

Tom Tugendhat

 

Helen Goodman

 

Nick Herbert

Ms Harriet Harman

Nicky Morgan

Sir Vince Cable

Mr Kenneth Clarke

Frank Field

Ian Blackford

Nick Boles

Hilary Benn

Dr Sarah Wollaston

Jo Swinson [R]

Crispin Blunt

Meg Hillier

Mr Dominic Grieve

Yvette Cooper

Margaret Beckett

Stephen Crabb

Edward Miliband

Adam Holloway

John Mann

Heidi Allen

Caroline Flint

Bob Stewart

Rachel Reeves

Dame Caroline Spelman

Chris Bryant

Nigel Mills

Dr Rupa Huq

Alison Thewliss

Anna Soubry

Rushanara Ali

Jeremy Lefroy

Caroline Lucas

Grant Shapps

Anneliese Dodds

Catherine McKinnell

Wes Streeting

Stephen Kinnock

Catherine West

Jamie Stone

Tim Farron

Layla Moran

Tom Brake

Mr Mark Prisk

Mr Bob Seely

Wera Hobhouse

Lloyd Russell-Moyle

Joanna Cherry

 

Added  NC6

 

To move the following Clause—

 

         

“Public registers of beneficial ownership of companies registered in British

 

Overseas Territories

 

(1)    

For the purposes of the detection, investigation or prevention of money

 

laundering, the Secretary of State must provide all reasonable assistance to the

 

governments of the British Overseas Territories to enable each of those

 

governments to establish a publicly accessible register of the beneficial

 

ownership of companies registered in each government’s jurisdiction.

 

(2)    

The Secretary of State must, no later than 31 December 2020, prepare a draft

 

Order in Council requiring the government of any British Overseas Territory that

 

has not introduced a publicly accessible register of the beneficial ownership of

 

companies within its jurisdiction to do so.

 

(3)    

The draft Order in Council under subsection (2) must set out the form that the

 

register must take.

 

(4)    

If an Order in Council contains requirements of a kind mentioned in subsection

 

(2)—


 
 

Report Stage Proceedings: 1 May 2018                  

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

 
 

(a)    

it must be laid before Parliament after being made, and

 

(b)    

if not approved by a resolution of each House of Parliament before the

 

end of 28 days beginning with the day on which it is made, it ceases to

 

have effect at the end of that period (but without that affecting the power

 

to make a new Order under this section).

 

(5)    

In calculating a period of 28 days for the purposes of subsection (4), no account

 

is to be taken of any time during which Parliament is dissolved or prorogued or

 

during which both Houses are adjourned for more than four days.

 

(6)    

For the purposes of this section, “British Overseas Territories” means a territory

 

listed in Schedule 6 of the British Nationality Act 1981.

 

(7)    

For the purposes of this section, “a publicly accessible register of the 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.”

 


 

Helen Goodman

 

Anneliese Dodds

 

Catherine West

 

Lloyd Russell-Moyle

 

Not called  NC14

 

To move the following Clause—

 

         

“Public registers of beneficial ownership of companies in the Crown

 

Dependencies

 

(1)    

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

 

provide all reasonable assistance to the governments of the Crown Dependencies

 

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)    

The Secretary of State must, by the deadline set for the implementation of the

 

European Union’s 5th Anti-Money Laundering Directive, prepare a draft Order

 

in Council requiring the government of any Crown Dependency that has not

 

introduced a publicly accessible register of beneficial ownership of companies

 

within their jurisdiction to do so.

 

(3)    

The draft Order in Council under subsection (2)—

 

(a)    

must be laid before Parliament after being made, and

 

(b)    

if not approved by a resolution of each House of Parliament before the

 

end of the 28 days beginning with the day on which it is made, ceases to

 

have effect at the end of that period (but without that affecting the power

 

to make a new Order).

 

(4)    

In calculating a period of 28 days for the purposes of subsection (4), no account

 

is to be taken of any time during which Parliament is dissolved or prorogued or

 

during which both Houses are adjourned for more than 4 days.

 

(5)    

For the purposes of 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).

 

(6)    

For the purposes of this section, “Crown Dependency” means—

 

(a)    

any of the Channel Islands;


 
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Revised 01 May 2018