Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

15

 
 

(b)    

the reference to a claim made in respect of harassment is a reference

 

to a claim made under the Protection from Harassment Act 1997.

 

(6)    

The “material time”, in relation to a relevant claim, is the time of the events

 

giving rise to the claim.

 

(7)    

“News-related material” means—

 

(a)    

news or information about current affairs,

 

(b)    

opinion about matters relating to the news or current affairs, or

 

(c)    

gossip about celebrities, other public figures or other persons in the

 

news.

 

(8)    

A relevant claim is related to the publication of news-related material if the

 

claim results from—

 

(a)    

the publication of news-related material, or

 

(b)    

activities carried on in connection with the publication of such

 

material (whether or not the material is in fact published).

 

(9)    

A reference to the “publication” of material is a reference to publication—

 

(a)    

on a website,

 

(b)    

in hard copy, or

 

(c)    

by any other means;

 

    

and references to a person who “publishes” material are to be read

 

accordingly.

 

(10)    

A reference to “conduct” includes a reference to omissions; and a reference

 

to a person’s conduct includes a reference to a person’s conduct after the

 

events giving rise to the claim concerned.”

 

[As amendments to Commons Amendment 19]

 

LORD LUCAS

19A

Line 6, at end insert “, and which limits aggregate annual charges to members in

 

respect to membership and access to arbitration to 0.25% of the member’s annual

 

turnover”

 

LORD SKIDELSKY

19BParliamentary Star

Line 11, at end insert—

 

    

“and a reference to any body so established shall be inserted at the

 

appropriate place in Part 6 of Schedule 1 to the Freedom of Information Act

 

2000 (public bodies and offices).”

19CParliamentary Star

Line 19, at end insert “; or

 

(g)    

breach of statutory duty under the Data Protection Act 1998.”

19DParliamentary Star

Line 21, leave out paragraph (a)

19EParliamentary Star

At end insert—

 

“(11)    

Having regard to subsection (4)(g) above, in considering the exercise of any

 

of its powers in relation to relevant publishers, the Information

 

Commissioner shall have regard to whether they are regulated by an

 
 

 
 

16

 
 

approved regulator (with the purpose of reducing the burden of regulation

 

on relevant publishers).”

 

After Clause 32

20

Insert the following new Clause—

 

“Restraint orders and legal aid

 

(1)    

Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and

 

Wales: restraint orders) is amended in accordance with subsections (2) to

 

(6).

 

(2)    

After subsection (2) insert—

 

“(2A)    

A restraint order must be made subject to an exception enabling

 

relevant legal aid payments to be made (a legal aid exception).

 

(2B)    

A relevant legal aid payment is a payment that the specified person

 

is obliged to make—

 

(a)    

by regulations under section 23 or 24 of the Legal Aid,

 

Sentencing and Punishment of Offenders Act 2012, and

 

(b)    

in connection with services provided in relation to an

 

offence which falls within subsection (5),

 

    

whether the obligation to make the payment arises before or after

 

the restraint order is made.”

 

(3)    

In subsection (3)—

 

(a)    

after “subject to” insert “other”, and

 

(b)    

omit paragraph (c).

 

(4)    

In subsection (4), for “But an exception to a restraint order” substitute “But

 

where an exception to a restraint order is made under subsection (3), it”.

 

(5)    

After subsection (5) insert—

 

“(5A)    

A legal aid exception—

 

(a)    

must be made subject to prescribed restrictions (if any) on—

 

(i)    

the circumstances in which payments may be made

 

in reliance on the exception, or

 

(ii)    

the amount of the payments that may be made in

 

reliance on the exception,

 

(b)    

must be made subject to other prescribed conditions (if any),

 

and

 

(c)    

may be made subject to other conditions.

 

(5B)    

Any other exception to a restraint order may be made subject to

 

conditions.”

 

(6)    

After subsection (9) insert—

 

“(10)    

In this section “prescribed” means prescribed by regulations made

 

by the Secretary of State.”

 
 

 
 

17

 
 

(7)    

In section 459 of that Act (orders and regulations)—

 

(a)    

in subsection (4)(a), after “section” insert “41(5A),”, and

 

(b)    

in subsection (6)(a), after “section” insert “41(5A),”.”

21

Insert the following new Clause—

 

“Restraint orders and legal aid: supplementary

 

(1)    

The Secretary of State may by regulations—

 

(a)    

make provision about the making of relevant legal aid payments

 

out of property that is the subject of a restraint order under Part 2 of

 

the Proceeds of Crime Act 2002 (“the 2002 Act”), and

 

(b)    

make provision in connection with cases in which such payments

 

are or may be made out of such property,

 

    

whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1,

 

2 or 4 of Part 8 of that Act or otherwise.

 

(2)    

The provision that may be made by regulations under this section

 

includes—

 

(a)    

provision about how much property may be subject to a restraint

 

order, including provision made by reference to the amount or

 

estimated amount of relevant legal aid payments;

 

(b)    

provision for a restraint order or other order under Part 2 of the

 

2002 Act to remain in force, where a relevant legal aid payment

 

remains unpaid, in circumstances in which the order would

 

otherwise have to be discharged;

 

(c)    

provision about powers of investigation for the purpose of

 

identifying property that may be used to make relevant legal aid

 

payments, including powers exercisable where an order continues

 

in force in accordance with provision described in paragraph (b);

 

(d)    

provision about the use of property in cases in which there is or has

 

been a restraint order, including provision about the order in which

 

different obligations to make payments may or must be satisfied in

 

such cases;

 

(e)    

provision about powers of entry, search and seizure;

 

(f)    

provision about the payment of compensation by the Lord

 

Chancellor;

 

(g)    

provision about the disclosure and use of documents, information

 

and other evidence.

 

(3)    

The provision that may be made by regulations under this section (whether

 

by virtue of this section or section 39(12)) includes—

 

(a)    

provision conferring, removing or otherwise modifying a function;

 

(b)    

provision amending, repealing, revoking or otherwise modifying

 

provision made by or under any enactment (including provision

 

inserted or amended by this Act).

 

(4)    

In this section—

 

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

 

duty (whether conferred by an enactment or arising otherwise);

 

“property” has the same meaning as in Part 2 of the 2002 Act;

 

“relevant legal aid payment” means—

 
 

 
 

18

 
 

(a)    

a payment that is a relevant legal aid payment for the

 

purposes of section 41 of the 2002 Act, and

 

(b)    

a payment that would be such a payment if a restraint order

 

were made.

 

(5)    

In subsection (2)(a) and (c) the references to relevant legal aid payments

 

include any payment that is likely to be a relevant legal aid payment when

 

the obligation to make the payment arises.”

22

Insert the following new Clause—

 

“Civil recovery of the proceeds etc of unlawful conduct

 

(1)    

Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc

 

of unlawful conduct) is amended as follows.

 

(2)    

After section 282 insert—

 

“Scope of powers

 

282A  

Scope of powers

 

(1)    

An order under this Chapter may be made by the High Court in

 

England and Wales or the Court of Session—

 

(a)    

in respect of property wherever situated, and

 

(b)    

in respect of a person wherever domiciled, resident or

 

present,

 

    

subject to subsection (2).

 

(2)    

Such an order may not be made by the High Court in England and

 

Wales or the Court of Session in respect of—

 

(a)    

property that is outside the United Kingdom, or

 

(b)    

property that is in the United Kingdom but outside the

 

relevant part of the United Kingdom,

 

    

unless there is or has been a connection between the case and the

 

relevant part of the United Kingdom.

 

(3)    

The circumstances in which there is or has been such a connection

 

include those described in Schedule 7A.

 

(4)    

“The relevant part of the United Kingdom” means—

 

(a)    

in relation to an order made by the High Court in England

 

and Wales, England and Wales, and

 

(b)    

in relation to an order made by the Court of Session,

 

Scotland.”

 

(3)    

After Schedule 7 insert—

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 25 March 2013