House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

76

      (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 reserved matter.

Orders under this Schedule: particular provision

7    (1)
The provision that may be made by an order under paragraph 2, 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)
The making of an order under any provision 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

Schedule.

      (3)
An order under paragraph 2 or 3 may modify or reverse the effects of an

order made under paragraph 4.

      (4)
Sub-paragraphs (1) to (3) do not limit the powers conferred by

paragraphs 2, 3, 4 and 5.

      (5)
In this paragraph “function” includes—

(a)
an NCA function, and

(b)
a function of the Secretary of State.

Interpretation

8
Expressions used in this Schedule and in Part 1 of this Act have the same

meanings in this Schedule as in that Part.

9
For the purposes of this Schedule, each of the provisions of this Act

specified in the following table (including any amendment, repeal or

revocation made by such a provision) is a “relevant NCA provision”.

The relevant NCA provisions

Section 2
—subsection (2)(a) so far as it requires consultation

with the Department of Justice in Northern Ireland

Section 3
—subsection (6)(a) so far as it requires consultation

with the Department of Justice in Northern Ireland

—subsection (7)(b)

—subsection (8)(c)

Section 10
—subsection (8)

Schedule 1
—paragraph 7(1)(b)

—paragraph 8(3)(b)

Schedule 2
—paragraph 5(b)

—paragraph 6(2)(b)(ii), (4) and (5)

—paragraph 8(4) and (5)

Schedule 3
—paragraph 1(2) so far as it imposes a duty on:

  (a) a member of the Police Service of Northern

Ireland,

  or

  (b) a person operating in Northern Ireland who

falls

  within paragraph 1(3)(f)

—paragraph 3 so far as it relates to the Chief

Constable of the Police Service of Northern Ireland

—paragraph 14

—paragraph 15

—paragraph 25

—paragraph 26(3)(b)

Schedule 5
—paragraph 11(1)(c)

—paragraph 11(6) to (8)

—in paragraph 11(9), the definitions of “Northern

Ireland general authorisation” and “Northern Ireland

operational authorisation”

—paragraph 13

—in paragraph 30, the definition of “powers and

privileges of a Northern Ireland constable”

Schedule 6
—paragraph 19

Schedule 8
—the provisions of Part 2 and Part 3 so far as they

relate to transferred matters

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10
In this Schedule—

“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.”
139
Insert the following new Schedule—

78

“Proceeds of crime provisions: Northern Ireland

Part 1

Civil recovery provisions

Meaning of “relevant civil recovery provision”

1
For the purposes of this Part of this Schedule, each of the following is a

“relevant civil recovery provision”—

(a)
section (Civil recovery of the proceeds etc of unlawful conduct)(2), (3),

(5) and (6);

(b)
section (Civil recovery of the proceeds etc of unlawful conduct)(7) so

far as it relates to amendments made by section (Civil recovery of

the proceeds etc of unlawful conduct)(2), (3) and (5) and Part 2 of

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;

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(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.

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.

80

      (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;

(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.

81

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.

      (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;

82

(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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