Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

35

 
 

71B    

Sections 71 and 71A: diversity and interpretation

 

(1)    

Subsection (2) applies where a person chooses a person to be a

 

member of a selection panel under section 71 or 71A (whether as

 

a nominee, as a designated member or otherwise).

 

(2)    

The person making the choice must, in doing so, have regard

 

(alongside all other relevant considerations) to the fact that it is

 

desirable that the members of the panel should include—

 

(a)    

both women and men, and

 

(b)    

members drawn from a range of different racial groups;

 

    

and in this subsection “racial group” has the same meaning as in

 

section 9 of the Equality Act 2010.

 

(3)    

Section 16 does not apply to functions of the Lord Chief Justice

 

under section 71 or 71A; and references in sections 71 and 71A to

 

a person being incapacitated are to the person being

 

incapacitated in the opinion of the Lord Chancellor.

 

(4)    

Seniority amongst the judges of the Supreme Court who are

 

England and Wales Supreme Court judges is to be determined

 

for the purposes of sections 71 and 71A as follows—

 

(a)    

the President of the Supreme Court, if an England and

 

Wales Supreme Court judge, is senior to all other England

 

and Wales Supreme Court judges;

 

(b)    

the Deputy President of the Supreme Court, if an England

 

and Wales Supreme Court judge, is senior to all ordinary

 

England and Wales Supreme Court judges;

 

(c)    

one ordinary England and Wales Supreme Court judge is

 

senior to another if that first judge has served longer as a

 

judge of the Supreme Court (whether over one or more

 

periods and whether or not including one or more

 

previous periods as President or Deputy President of the

 

Court).

 

(5)    

In subsection (4) “ordinary England and Wales Supreme Court

 

judge” means an England and Wales Supreme Court judge who

 

is neither the President of the Court nor the Deputy President.

 

(6)    

Service as a Lord of Appeal in Ordinary counts as service as a

 

judge of the Supreme Court for the purposes of subsection (4)(c).

 

(7)    

In sections 71 and 71A and this section “England and Wales

 

Supreme Court judge” means a judge of the Supreme Court who

 

has held high judicial office in England and Wales before

 

appointment to the Court.”

 

      (4)  

In paragraph 11(3) of Schedule 12 (functions of the chairman of the

 

Judicial Appointments Commission which, in the chairman’s absence,

 

are not exercisable by the vice-chairman) after paragraph (b) insert—

 

“(ba)    

section 71A;”.

 

      (5)  

An amendment made by this paragraph does not have effect in relation

 

to a request under section 69 of the Constitutional Reform Act 2005

 

received by the Judicial Appointments Commission before the

 

amendment comes into force.”

 
 

 
 

36

 

Schedule 14

130

Page 255, line 28, leave out paragraph 4

After Schedule 14

131

Insert the following new Schedule—

 

“Exclusions from definition of “relevant publisher”

 

Broadcasters

 

1          

The British Broadcasting Corporation.

 

2          

Sianel Pedwar Cymru.

 

3          

The holder of a licence under the Broadcasting Act 1990 or 1996 who

 

publishes news-related material in connection with the broadcasting

 

activities authorised under the licence.

 

Special interest titles

 

4          

A person who publishes a title that—

 

(a)    

relates to a particular pastime, hobby, trade, business, industry

 

or profession, and

 

(b)    

only contains news-related material on an incidental basis that is

 

relevant to the main content of the title.

 

Scientific or academic journals

 

5          

A person who publishes a scientific or academic journal that only

 

contains news-related material on an incidental basis that is relevant to

 

the scientific or academic content.

 

Public bodies and charities

 

6    (1)  

A public body or charity that publishes news-related material in

 

connection with the carrying out of its functions.

 

      (2)  

“Public body” means a person or body whose functions are of a public

 

nature.

 

Company news publications etc

 

7          

A person who publishes a newsletter, circular or other document

 

which—

 

(a)    

relates to a business carried on by the person, and

 

(b)    

only contains news-related material on an incidental basis that is

 

relevant to the person’s business.

 

Book publishers

 

8    (1)  

A person who is the publisher of a book.

 
 

 
 

37

 
 

      (2)  

“Book” does not include any title published on a periodic basis with

 

substantially different content.”

 

[As amendments to Commons Amendment 131]

 

LORD SKIDELSKY

131AParliamentary Star

Line 6, leave out “who publishes news-related material in connection with” and

 

insert “in so far as the holder publishes news-related material in the course of”

 

LORD LUCAS

131B

Line 14, at end insert—

 

“Overseas titles

 

4A         

A person who publishes a title that—

 

(a)    

relates to countries outside the United Kingdom, and

 

(b)    

only contains United Kingdom news-related material on a

 

subsidiary basis.

 

Publishers refused membership of regulators

 

4B         

A person who has been refused membership of all approved regulators

 

for any reason other than unwillingness or inability to comply with the

 

rules of such regulators.”

131CParliamentary Star

At end insert—

 

“Other publishers

 

9          

A publisher who focuses on a specific locality or region and only reports

 

national issues on an incidental basis that is relevant to such local or

 

regional matters.”

131DParliamentary Star

At end insert—

 

“10      

A publisher who operates as a non-charitable campaigning organisation

 

and is publishing material incidental to the organisation’s aims and

 

objectives.”

131EParliamentary Star

At end insert—

 

“11      

A publisher who does not exceed the definition of a small or medium-

 

sized enterprise as defined in sections 382 and 465 of the Companies Act

 

2006.”

 

LORD STEVENSON OF BALMACARA

131FParliamentary Star

At end insert—

 

“Small blogs

 

12         

A person who would otherwise be within the definition of relevant

 

publisher shall be excluded from that definition for all purposes under

 
 

 
 

38

 
 

this Act if that person publishes material on an online site written either

 

by one person, or edited with a series of contributors, where the financial

 

turnover produced from the site is small or the site is not run primarily

 

for profit.”

 

Schedule 15

132

Page 263, line 2, at end insert—

 

“(5A)    

In a case where there is such a restorative justice requirement, a

 

person running the activity concerned must in doing that have

 

regard to any guidance that is issued, with a view to encouraging

 

good practice in connection with such an activity, by the

 

Secretary of State.”

133

Page 269, line 16, leave out paragraph 29

133A

Lord Ramsbotham to move, as an amendment to the motion that this House do

 

agree with the Commons in their Amendment 133, leave out “agree” and insert

 

“disagree”.

After Schedule 16

134

Insert the following new Schedule—

 

“Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct

 

Part 1

 

Enforcement of interim orders in the United Kingdom

 

1          

Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement

 

of UK judgments in other parts of UK) is amended as follows.

 

2          

In subsection (5)(d) (provisional measures), at the end insert “or an

 

interim order made in connection with the civil recovery of proceeds of

 

unlawful conduct”.

 

3          

After subsection (6) insert—

 

“(6A)    

In subsection (5)(d), “an interim order made in connection with

 

the civil recovery of proceeds of unlawful conduct” means any of

 

the following made under Chapter 2 of Part 5 of the Proceeds of

 

Crime Act 2002—

 

(a)    

a property freezing order or prohibitory property order;

 

(b)    

an order under section 245E or 245F of that Act (order

 

relating to receivers in connection with property freezing

 

order);

 

(c)    

an interim receiving order or interim administration

 

order.”

 
 

 
 

39

 
 

Part 2

 

Property or evidence outside the United Kingdom

 

4          

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

 

etc of unlawful conduct) is amended as follows.

 

5          

In section 280 (applying realised proceeds), in subsection (1), for “This

 

section applies to” substitute “Subsection (2) applies to sums which are

 

in the hands of the trustee for civil recovery if they are”.

 

6          

After section 282A insert—

 

“Enforcement outside the United Kingdom

 

282B  

Enforcement abroad before recovery order: enforcement authority

 

(1)    

This section applies if—

 

(a)    

the property freezing conditions are met in relation to

 

property,

 

(b)    

the property is not property to which a recovery order

 

applies, and

 

(c)    

an enforcement authority in relation to England and

 

Wales or Scotland believes that the property is in a

 

country outside the United Kingdom (the receiving

 

country).

 

(2)    

The property freezing conditions are—

 

(a)    

in England and Wales, the conditions in section 245A(5)

 

and (6), and

 

(b)    

in Scotland, the conditions in section 255A(5) and (6),

 

    

and, for the purposes of this subsection, the references in those

 

provisions to property to which the application for the order

 

relates are to be read as references to the property mentioned in

 

subsection (1)(a).

 

(3)    

The enforcement authority 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.

 

(4)    

The Secretary of State may forward the request for assistance to

 

the government of the receiving country.

 

(5)    

A request for assistance under this section is a request to the

 

government of the receiving country—

 

(a)    

to secure that any person is prohibited from dealing with

 

the property;

 

(b)    

for assistance in connection with the management of the

 

property, including with securing its detention, custody

 

or preservation.

 

282C  

Enforcement abroad before recovery order: receiver or

 

administrator

 

(1)    

This section applies if—

 
 

 
 

40

 
 

(a)    

a property freezing order made by the High Court in

 

England and Wales has effect in relation to property, and

 

(b)    

the receiver appointed under section 245E in respect of

 

the property believes that it is in a country outside the

 

United Kingdom (the receiving country).

 

(2)    

This section also applies if—

 

(a)    

an interim receiving order made by the High Court in

 

England and Wales or an interim administration order

 

has effect in relation to property, and

 

(b)    

the interim receiver or interim administrator believes that

 

the property is in a country outside the United Kingdom

 

(the receiving country).

 

(3)    

The receiver or administrator 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.

 

(4)    

The Secretary of State must forward the request for assistance to

 

the government of the receiving country.

 

(5)    

A request for assistance under this section is a request to the

 

government of the receiving country—

 

(a)    

to secure that any person is prohibited from dealing with

 

the property;

 

(b)    

for assistance in connection with the management of the

 

property, including with securing its detention, custody

 

or preservation.

 

282D  

Evidence overseas: interim receiver or interim administrator

 

(1)    

This section applies if—

 

(a)    

an interim receiving order made by the High Court in

 

England and Wales or an interim administration order

 

has effect in relation to property, and

 

(b)    

the order requires the interim receiver or interim

 

administrator to take steps to establish a matter described

 

in section 247(2)(a) or (b) or 257(2)(a) or (b).

 

(2)    

The interim receiver or interim administrator may request

 

assistance under this section if the interim receiver or interim

 

administrator thinks that there is relevant evidence in a country

 

outside the United Kingdom.

 

(3)    

A judge of the High Court in England and Wales may request

 

assistance under this section if—

 

(a)    

an application is made by the interim receiver or by a

 

person subject to investigation by the interim receiver,

 

and

 

(b)    

the judge thinks that there is relevant evidence in a

 

country outside the United Kingdom.

 

(4)    

A judge of the Court of Session may request assistance under this

 

section if—

 
 

 
 

41

 
 

(a)    

an application is made by the interim administrator or by

 

a person subject to investigation by the interim

 

administrator, and

 

(b)    

the judge thinks that there is relevant evidence in a

 

country outside the United Kingdom.

 

(5)    

The assistance that may be requested under this section is

 

assistance in obtaining outside the United Kingdom relevant

 

evidence specified in the request.

 

(6)    

Relevant evidence is—

 

(a)    

in relation to an application or request made for the

 

purposes of an investigation by an interim receiver,

 

evidence as to a matter described in section 247(2)(a) or

 

(b);

 

(b)    

in relation to an application or request made for the

 

purposes of an investigation by an interim administrator,

 

evidence as to a matter described in section 257(2)(a) or

 

(b).

 

(7)    

A request for assistance under this section may be sent—

 

(a)    

to a court or tribunal which is specified in the request and

 

which exercises jurisdiction in the place where the

 

evidence is to be obtained,

 

(b)    

to the government of the country concerned, or

 

(c)    

to an authority recognised by the government of the

 

country concerned as the appropriate authority for

 

receiving requests for assistance of that kind.

 

(8)    

Alternatively, a request for assistance under this section may be

 

sent to the Secretary of State with a view to it being forwarded to

 

a court, tribunal, government or authority mentioned in

 

subsection (7).

 

(9)    

The Secretary of State must forward the request for assistance to

 

the court, tribunal, government or authority.

 

(10)    

In a case of urgency, a request for assistance under this section

 

may be sent to—

 

(a)    

the International Criminal Police Organisation, or

 

(b)    

any person competent to receive it under any provisions

 

adopted under the EU Treaties,

 

    

for forwarding to the court, tribunal, government or authority

 

mentioned in subsection (7).

 

(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

 

section.

 

(12)    

“Evidence” includes documents, information in any other form

 

and material.

 
 

 
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Revised 25 March 2013