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| | |
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| 71B | Sections 71 and 71A: diversity and interpretation |
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| (1) | Subsection (2) applies where a person chooses a person to be a |
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| member of a selection panel under section 71 or 71A (whether as |
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| a nominee, as a designated member or otherwise). |
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| (2) | The person making the choice must, in doing so, have regard |
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| (alongside all other relevant considerations) to the fact that it is |
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| desirable that the members of the panel should include— |
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| (a) | both women and men, and |
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| (b) | members drawn from a range of different racial groups; |
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| | and in this subsection “racial group” has the same meaning as in |
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| section 9 of the Equality Act 2010. |
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| (3) | Section 16 does not apply to functions of the Lord Chief Justice |
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| under section 71 or 71A; and references in sections 71 and 71A to |
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| a person being incapacitated are to the person being |
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| incapacitated in the opinion of the Lord Chancellor. |
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| (4) | Seniority amongst the judges of the Supreme Court who are |
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| England and Wales Supreme Court judges is to be determined |
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| for the purposes of sections 71 and 71A as follows— |
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| (a) | the President of the Supreme Court, if an England and |
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| Wales Supreme Court judge, is senior to all other England |
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| and Wales Supreme Court judges; |
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| (b) | the Deputy President of the Supreme Court, if an England |
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| and Wales Supreme Court judge, is senior to all ordinary |
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| England and Wales Supreme Court judges; |
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| (c) | one ordinary England and Wales Supreme Court judge is |
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| senior to another if that first judge has served longer as a |
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| judge of the Supreme Court (whether over one or more |
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| periods and whether or not including one or more |
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| previous periods as President or Deputy President of the |
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| |
| (5) | In subsection (4) “ordinary England and Wales Supreme Court |
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| judge” means an England and Wales Supreme Court judge who |
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| is neither the President of the Court nor the Deputy President. |
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| (6) | Service as a Lord of Appeal in Ordinary counts as service as a |
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| judge of the Supreme Court for the purposes of subsection (4)(c). |
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| (7) | In sections 71 and 71A and this section “England and Wales |
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| Supreme Court judge” means a judge of the Supreme Court who |
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| has held high judicial office in England and Wales before |
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| appointment to the Court.” |
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| (4) | In paragraph 11(3) of Schedule 12 (functions of the chairman of the |
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| Judicial Appointments Commission which, in the chairman’s absence, |
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| are not exercisable by the vice-chairman) after paragraph (b) insert— |
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| |
| (5) | An amendment made by this paragraph does not have effect in relation |
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| to a request under section 69 of the Constitutional Reform Act 2005 |
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| received by the Judicial Appointments Commission before the |
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| amendment comes into force.” |
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| |
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130 | Page 255, line 28, leave out paragraph 4 |
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131 | Insert the following new Schedule— |
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| “Exclusions from definition of “relevant publisher” |
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| |
| 1 | The British Broadcasting Corporation. |
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| |
| 3 | The holder of a licence under the Broadcasting Act 1990 or 1996 who |
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| publishes news-related material in connection with the broadcasting |
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| activities authorised under the licence. |
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| |
| 4 | A person who publishes a title that— |
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| (a) | relates to a particular pastime, hobby, trade, business, industry |
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| |
| (b) | only contains news-related material on an incidental basis that is |
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| relevant to the main content of the title. |
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| Scientific or academic journals |
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| 5 | A person who publishes a scientific or academic journal that only |
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| contains news-related material on an incidental basis that is relevant to |
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| the scientific or academic content. |
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| Public bodies and charities |
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| 6 (1) | A public body or charity that publishes news-related material in |
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| connection with the carrying out of its functions. |
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| (2) | “Public body” means a person or body whose functions are of a public |
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| |
| Company news publications etc |
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| 7 | A person who publishes a newsletter, circular or other document |
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| |
| (a) | relates to a business carried on by the person, and |
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| (b) | only contains news-related material on an incidental basis that is |
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| relevant to the person’s business. |
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| |
| 8 (1) | A person who is the publisher of a book. |
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| |
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| |
| | |
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| (2) | “Book” does not include any title published on a periodic basis with |
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| substantially different content.” |
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|
132 | Page 263, line 2, at end insert— |
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| “(5A) | In a case where there is such a restorative justice requirement, a |
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| person running the activity concerned must in doing that have |
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| regard to any guidance that is issued, with a view to encouraging |
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| good practice in connection with such an activity, by the |
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| |
133 | Page 269, line 16, leave out paragraph 29 |
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134 | Insert the following new Schedule— |
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| “Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct |
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| |
| Enforcement of interim orders in the United Kingdom |
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| 1 | Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement |
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| of UK judgments in other parts of UK) is amended as follows. |
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| 2 | In subsection (5)(d) (provisional measures), at the end insert “or an |
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| interim order made in connection with the civil recovery of proceeds of |
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| |
| 3 | After subsection (6) insert— |
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| “(6A) | In subsection (5)(d), “an interim order made in connection with |
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| the civil recovery of proceeds of unlawful conduct” means any of |
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| the following made under Chapter 2 of Part 5 of the Proceeds of |
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| |
| (a) | a property freezing order or prohibitory property order; |
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| (b) | an order under section 245E or 245F of that Act (order |
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| relating to receivers in connection with property freezing |
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| |
| (c) | an interim receiving order or interim administration |
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| |
| |
| Property or evidence outside the United Kingdom |
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| 4 | Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds |
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| etc of unlawful conduct) is amended as follows. |
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| 5 | In section 280 (applying realised proceeds), in subsection (1), for “This |
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| section applies to” substitute “Subsection (2) applies to sums which are |
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| in the hands of the trustee for civil recovery if they are”. |
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| |
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| |
| | |
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| 6 | After section 282A insert— |
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| “Enforcement outside the United Kingdom |
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| 282B | Enforcement abroad before recovery order: enforcement authority |
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| (1) | This section applies if— |
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| (a) | the property freezing conditions are met in relation to |
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| |
| (b) | the property is not property to which a recovery order |
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| |
| (c) | an enforcement authority in relation to England and |
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| Wales or Scotland believes that the property is in a |
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| country outside the United Kingdom (the receiving |
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| |
| (2) | The property freezing conditions are— |
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| (a) | in England and Wales, the conditions in section 245A(5) |
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| |
| (b) | in Scotland, the conditions in section 255A(5) and (6), |
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| | and, for the purposes of this subsection, the references in those |
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| provisions to property to which the application for the order |
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| relates are to be read as references to the property mentioned in |
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| |
| (3) | The enforcement authority may send a request for assistance in |
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| relation to the property to the Secretary of State with a view to it |
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| being forwarded under this section. |
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| (4) | The Secretary of State may forward the request for assistance to |
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| the government of the receiving country. |
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| (5) | A request for assistance under this section is a request to the |
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| government of the receiving country— |
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| (a) | to secure that any person is prohibited from dealing with |
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| |
| (b) | for assistance in connection with the management of the |
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| property, including with securing its detention, custody |
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| |
| 282C | Enforcement abroad before recovery order: receiver or |
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| |
| (1) | This section applies if— |
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| (a) | a property freezing order made by the High Court in |
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| England and Wales has effect in relation to property, and |
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| (b) | the receiver appointed under section 245E in respect of |
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| the property believes that it is in a country outside the |
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| United Kingdom (the receiving country). |
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| (2) | This section also applies if— |
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| (a) | an interim receiving order made by the High Court in |
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| England and Wales or an interim administration order |
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| has effect in relation to property, and |
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| |
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| |
| | |
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| (b) | the interim receiver or interim administrator believes that |
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| the property is in a country outside the United Kingdom |
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| |
| (3) | The receiver or administrator may send a request for assistance |
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| in relation to the property to the Secretary of State with a view to |
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| it being forwarded under this section. |
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| (4) | The Secretary of State must forward the request for assistance to |
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| the government of the receiving country. |
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| (5) | A request for assistance under this section is a request to the |
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| government of the receiving country— |
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| (a) | to secure that any person is prohibited from dealing with |
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| |
| (b) | for assistance in connection with the management of the |
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| property, including with securing its detention, custody |
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| |
| 282D | Evidence overseas: interim receiver or interim administrator |
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| (1) | This section applies if— |
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| (a) | an interim receiving order made by the High Court in |
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| England and Wales or an interim administration order |
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| has effect in relation to property, and |
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| (b) | the order requires the interim receiver or interim |
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| administrator to take steps to establish a matter described |
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| in section 247(2)(a) or (b) or 257(2)(a) or (b). |
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| (2) | The interim receiver or interim administrator may request |
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| assistance under this section if the interim receiver or interim |
|
| administrator thinks that there is relevant evidence in a country |
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| outside the United Kingdom. |
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| (3) | A judge of the High Court in England and Wales may request |
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| assistance under this section if— |
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| (a) | an application is made by the interim receiver or by a |
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| person subject to investigation by the interim receiver, |
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| |
| (b) | the judge thinks that there is relevant evidence in a |
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| country outside the United Kingdom. |
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| (4) | A judge of the Court of Session may request assistance under this |
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| |
| (a) | an application is made by the interim administrator or by |
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| a person subject to investigation by the interim |
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| |
| (b) | the judge thinks that there is relevant evidence in a |
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| country outside the United Kingdom. |
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| (5) | The assistance that may be requested under this section is |
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| assistance in obtaining outside the United Kingdom relevant |
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| evidence specified in the request. |
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| (6) | Relevant evidence is— |
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| |
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| |
| | |
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| (a) | in relation to an application or request made for the |
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| purposes of an investigation by an interim receiver, |
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| evidence as to a matter described in section 247(2)(a) or |
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| |
| (b) | in relation to an application or request made for the |
|
| purposes of an investigation by an interim administrator, |
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| evidence as to a matter described in section 257(2)(a) or |
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| |
| (7) | A request for assistance under this section may be sent— |
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| (a) | to a court or tribunal which is specified in the request and |
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| which exercises jurisdiction in the place where the |
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| evidence is to be obtained, |
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| (b) | to the government of the country concerned, or |
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| (c) | to an authority recognised by the government of the |
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| country concerned as the appropriate authority for |
|
| receiving requests for assistance of that kind. |
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| (8) | Alternatively, a request for assistance under this section may be |
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| sent to the Secretary of State with a view to it being forwarded to |
|
| a court, tribunal, government or authority mentioned in |
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| |
| (9) | The Secretary of State must forward the request for assistance to |
|
| the court, tribunal, government or authority. |
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| (10) | In a case of urgency, a request for assistance under this section |
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| |
| (a) | the International Criminal Police Organisation, or |
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| (b) | any person competent to receive it under any provisions |
|
| adopted under the EU Treaties, |
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| | for forwarding to the court, tribunal, government or authority |
|
| mentioned in subsection (7). |
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| (11) | Rules of court may make provision as to the practice and |
|
| procedure to be followed in connection with proceedings |
|
| relating to requests for assistance made by a judge under this |
|
| |
| (12) | “Evidence” includes documents, information in any other form |
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| |
| 282E | Evidence overseas: restrictions on use |
|
| (1) | This section applies to evidence obtained by means of a request |
|
| for assistance under section 282D. |
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| (2) | The evidence must not be used for any purpose other than— |
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| (a) | for the purposes of carrying out the functions of the |
|
| interim receiver or interim administrator, or |
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| (b) | for the purposes of proceedings under this Chapter of this |
|
| Part in respect of property described in subsection (3) or |
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| any proceedings arising out of such proceedings. |
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| |
|
| |
|
|
| |
| | |
|
| (a) | the property that is the subject of the interim receiving |
|
| order or interim administration order, or |
|
| (b) | other property that is recoverable property in respect of |
|
| the same unlawful conduct. |
|
| (4) | Subsection (2) does not apply if the court, tribunal, government |
|
| or authority to whom the request for assistance was sent consents |
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| |
| (5) | In Scotland, the evidence may be received in evidence without |
|
| being sworn to by anyone, so far as that may be done without |
|
| |
| 282F | Enforcement abroad: after recovery order |
|
| (1) | This section applies if— |
|
| (a) | a recovery order made by the High Court in England and |
|
| Wales or the Court of Session has effect in relation to |
|
| |
| (b) | the enforcement authority or the trustee for civil recovery |
|
| believes that the property is in a country outside the |
|
| United Kingdom (the receiving country). |
|
| (2) | The enforcement authority or trustee for civil recovery may send |
|
| a request for assistance in relation to the property to the Secretary |
|
| of State with a view to it being forwarded under this section. |
|
| (3) | The Secretary of State may forward a request for assistance from |
|
| the enforcement authority to the government of the receiving |
|
| |
| (4) | The Secretary of State must forward a request for assistance from |
|
| the trustee for civil recovery to the government of the receiving |
|
| |
| (5) | A request for assistance is a request to the government of the |
|
| receiving country for assistance in connection with the |
|
| management and disposal of the property and includes a |
|
| |
| (a) | to secure the detention, custody or preservation of the |
|
| |
| (b) | in the case of money, to secure that it is applied in |
|
| accordance with the law of the receiving country; |
|
| (c) | in the case of property other than money, to secure that |
|
| the property is realised and the proceeds are applied in |
|
| accordance with the law of the receiving country. |
|
| (6) | A certificate purporting to be issued by or on behalf of the |
|
| government of the receiving country is admissible as evidence of |
|
| the facts it states if it states— |
|
| (a) | that property has been realised in pursuance of a request |
|
| |
| (b) | the date of realisation, and |
|
| (c) | the proceeds of realisation.” |
|
135 | Insert the following new Schedule— |
|
|
| |
|