Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


 
 

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Schedule (Proceeds of crime: civil recovery of the proceeds etc of

 

unlawful conduct);

 

(c)    

each provision in Schedule (Proceeds of crime: civil recovery of the

 

proceeds etc of unlawful conduct);

 

(d)    

each amendment or repeal made by the provisions mentioned in

 

paragraphs (a) and (c).

 

Relevant civil recovery provisions not to extend to Northern Ireland unless order made

 

2    (1)  

The relevant civil recovery provisions do not extend to Northern Ireland.

 

      (2)  

But that is subject to paragraph 3.

 

Power to provide for relevant civil recovery provisions to extend to Northern Ireland

 

3          

The Secretary of State may, by order, provide for one or more of the

 

relevant civil recovery provisions to extend to Northern Ireland.

 

Relevant civil recovery provision extending to Northern Ireland

 

4    (1)  

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a relevant civil recovery provision extending to

 

Northern Ireland.

 

      (2)  

An order under this paragraph may, in particular—

 

(a)    

provide for section 282A of the Proceeds of Crime Act 2002 to

 

have effect in relation to orders made by the High Court in

 

Northern Ireland;

 

(b)    

provide for an enforcement authority in relation to Northern

 

Ireland to make requests for assistance under section 282B of that

 

Act;

 

(c)    

provide for a receiver appointed under an order made by the

 

High Court in Northern Ireland to make requests for assistance

 

under section 282C of that Act;

 

(d)    

provide for the High Court in Northern Ireland or a receiver

 

appointed by an order made by that court to make requests for

 

assistance under section 282D of that Act;

 

(e)    

provide for an enforcement authority or trustee for civil recovery

 

to make a request for assistance under section 282F of that Act

 

where a recovery order has been made by the High Court in

 

Northern Ireland;

 

(f)    

provide for section 316(8B) of that Act to have effect in relation to

 

an enforcement authority in relation to Northern Ireland.

 

Relevant civil recovery provision not extending to Northern Ireland

 

5          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a relevant civil recovery provision not extending to

 

Northern Ireland.

 
 

 
 

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Consent of Northern Ireland Assembly to transferred provision

 

6    (1)  

The Secretary of State may not make an order under this Part of this

 

Schedule which makes transferred provision unless the Northern

 

Ireland Assembly consents to the making of that provision.

 

      (2)  

In this paragraph “transferred provision” means provision which, if it

 

were contained in an Act of the Northern Ireland Assembly—

 

(a)    

would be within the legislative competence of the Assembly, and

 

(b)    

would deal with a transferred matter without being ancillary to

 

other provision (whether in the Act or previously enacted) which

 

deals with an excepted or reserved matter.

 

      (3)  

In sub-paragraph (2)—

 

“ancillary” has the meaning given in section 6(3) of the Northern

 

Ireland Act 1998;

 

“excepted matter”, “reserved matter” and “transferred matter” have

 

the meanings given by section 4(1) of the Northern Ireland Act

 

1998.

 

Orders under this Part of this Schedule: particular provision

 

7    (1)  

The provision that may be made by an order under paragraph 3, 4 or 5

 

(whether by virtue of that paragraph or section 39(12)) includes—

 

(a)    

provision conferring, removing or otherwise modifying a

 

function (whether or not exercisable in, or in relation to,

 

Northern Ireland);

 

(b)    

provision amending, repealing, revoking or otherwise

 

modifying any enactment (including an enactment contained in,

 

or amended by, this Act).

 

      (2)  

Such an order may provide for provision amending, repealing or

 

otherwise modifying Chapter 2 or 4 of Part 5 of the Proceeds of Crime

 

Act 2002 to have retrospective effect.

 

      (3)  

The making of an order under any provision of this Part of this Schedule

 

does not prevent—

 

(a)    

a further order from being made under that provision, or

 

(b)    

an order from being made under any other provision of this Part

 

of this Schedule.

 

      (4)  

An order under paragraph 3 or 4 may modify or reverse the effects of an

 

order made under paragraph 5.

 

      (5)  

Sub-paragraphs (1) to (4) do not limit the powers conferred by

 

paragraphs 3, 4 and 5.

 

      (6)  

In this paragraph—

 

“enactment” means any enactment, whenever passed or made,

 

contained in—

 

(a)    

an Act of Parliament;

 

(b)    

an Act of the Scottish Parliament;

 

(c)    

Northern Ireland legislation;

 

(d)    

a Measure or Act of the National Assembly for Wales;

 
 

 
 

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(e)    

an instrument made under any such Act, legislation or

 

Measure;

 

(f)    

any other subordinate legislation (within the meaning of the

 

Interpretation Act 1978);

 

“function” means a function of any description, including a power

 

or duty (whether conferred by an enactment or arising

 

otherwise).

 

Part 2

 

Investigation provisions

 

Meaning of “relevant investigation provision”

 

8          

For the purposes of this Part of this Schedule, each of the following is a

 

“relevant investigation provision”—

 

(a)    

each provision in paragraphs 2 to 13, 25 to 27, 29 and 30 of

 

Schedule (Proceeds of crime: investigations) (including each

 

amendment or repeal made by those provisions), and

 

(b)    

section (Investigations) so far as it relates to each of those

 

provisions.

 

Relevant investigation provisions not to extend to Northern Ireland unless order made

 

9    (1)  

The relevant investigation provisions do not extend to Northern Ireland.

 

      (2)  

But that is subject to paragraph 10.

 

Power to provide for relevant investigation provisions to extend to Northern Ireland

 

10         

The Secretary of State may, by order, provide for one or more of the

 

relevant investigation provisions to extend to Northern Ireland.

 

Relevant investigation provision extending to Northern Ireland

 

11         

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a relevant investigation provision extending to

 

Northern Ireland.

 

Relevant investigation provision not extending to Northern Ireland

 

12         

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a relevant investigation provision not extending to

 

Northern Ireland.

 

Consent of Northern Ireland Assembly to transferred provision

 

13  (1)  

The Secretary of State may not make an order under this Part of this

 

Schedule which makes transferred provision unless the Northern

 

Ireland Assembly consents to the making of that provision.

 
 

 
 

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      (2)  

In this paragraph “transferred provision” means provision which, if it

 

were contained in an Act of the Northern Ireland Assembly—

 

(a)    

would be within the legislative competence of the Assembly, and

 

(b)    

would deal with a transferred matter without being ancillary to

 

other provision (whether in the Act or previously enacted) which

 

deals with an excepted matter or a reserved matter.

 

      (3)  

In sub-paragraph (2)—

 

“ancillary” has the meaning given in section 6(3) of the Northern

 

Ireland Act 1998;

 

“excepted matter”, “reserved matter” and “transferred matter” have

 

the meanings given by section 4(1) of the Northern Ireland Act

 

1998.

 

Orders under this Part of this Schedule: particular provision

 

14  (1)  

The provision that may be made by an order under paragraph 10, 11 or

 

12 (whether by virtue of that paragraph or section 39(12)) includes—

 

(a)    

provision conferring, removing or otherwise modifying a

 

function (whether or not exercisable in, or in relation to,

 

Northern Ireland);

 

(b)    

provision amending, repealing, revoking or otherwise

 

modifying any enactment (including an enactment contained in,

 

or amended by, this Act).

 

      (2)  

The making of an order under any provision of this Part of this Schedule

 

does not prevent—

 

(a)    

a further order from being made under that provision, or

 

(b)    

an order from being made under any other provision of this Part

 

of this Schedule.

 

      (3)  

An order under paragraph 10 or 11 may modify or reverse the effects of

 

an order made under paragraph 12.

 

      (4)  

Sub-paragraphs (1) to (3) do not limit the powers conferred by

 

paragraphs 10, 11 and 12.

 

      (5)  

In this paragraph—

 

“enactment” means any enactment, whenever passed or made,

 

contained in—

 

(a)    

an Act of Parliament;

 

(b)    

an Act of the Scottish Parliament;

 

(c)    

Northern Ireland legislation;

 

(d)    

a Measure or Act of the National Assembly for Wales;

 

(e)    

an instrument made under any such Act, legislation or

 

Measure;

 

(f)    

any other subordinate legislation (within the meaning of the

 

Interpretation Act 1978);

 

“function” means a function of any description, including a power

 

or duty (whether conferred by an enactment or arising

 

otherwise).”

 
 

 
 

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Revised 20 March 2013