Session 2014-15
Other Public Bills before Parliament
Bill Home Page
Serious Crime Bill [HL]
to be moved
in Committee
[Supplementary to the Marshalled List]
Clause 39
LORD TAYLOR OF HOLBEACH
Page 30, line 39, at end insert—
“(2A) A sheriff shall have jurisdiction in respect of an offence under
section 3ZA above if—
(a) the accused was in the sheriffdom at the time when he did
the unauthorised act (or caused it to be done), or
(b) the computer in relation to which the unauthorised act was
done was in the sheriffdom at that time.”
Page 31, line 8, leave out “or 3” and insert “, 3 or 3ZA”
Page 31, line 10, leave out “or (2)(b)” and insert “, (2)(b) or (2A)(b)”
Page 31, line 14, after “3” insert “, 3ZA”
Schedule 1
LORD TAYLOR OF HOLBEACH
Page 57, line 30, at end insert “; or
(b) in addition to an order discharging the person
absolutely.”
Page 58, line 12, at end insert “; or
(b) in addition to an order discharging the person
absolutely.”
Page 58, line 43, at end insert “; or
(b) in addition to an order discharging the person
absolutely.”
Page 59, line 33, leave out “Scottish Ministers” and insert “Lord Advocate”
Page 60, line 17, at end insert—
“ After section 27 insert—
“27A Powers to wind up companies etc: Scotland
(1) The Scottish Ministers may present a petition to the court for the
winding up of a company or relevant body, or the dissolution of
a partnership, if—
(a) the company, relevant body or partnership has been
convicted of an offence under section 25 in relation to a
serious crime prevention order; and
(b) the Scottish Ministers consider that it would be in the
public interest for the company or (as the case may be)
relevant body to be wound up or the partnership to be
dissolved.
(2) The Insolvency Act 1986 applies in relation to—
(a) a petition under this section for the winding up of a
company; and
(b) the company’s winding up;
as it applies in relation to a petition under section 124A of the Act
of 1986 for the winding up of a company and the company’s
winding up (winding up on grounds of public interest) but
subject to the modifications in subsections (3) and (4).
(3) Section 124(4)(b) of the Act of 1986 (application for winding up)
applies in relation to a petition under this section as if it permits
the petition to be presented by the Scottish Ministers.
(4) The court may make an order under section 125 of the Act of 1986
(powers of court on hearing of petition) to wind up the company
only if—
(a) the company has been convicted of an offence under
section 25 in relation to a serious crime prevention order;
and
(b) the court considers that it is just and equitable for the
company to be wound up.
(5) Where a petition is made to the court under this section for the
dissolution of a partnership, the court may make an order to
dissolve the partnership only if—
(a) the partnership has been convicted of an offence under
section 25 in relation to a serious crime prevention order;
and
(b) the court considers that it is just and equitable for the
partnership to be dissolved.
(6) Where the court makes an order to dissolve a partnership under
this section, the Partnership Act 1890 applies in respect of the
dissolution as if it were a dissolution under section 35 of that Act.
(7) The appropriate Minister may by order provide for the Act of
1986 to apply, with such modifications as that person considers
appropriate, in relation to a petition under this section for the
winding up of a relevant body and the relevant body’s winding
up.
(8) An order made by virtue of subsection (7) must ensure that the
court may make an order to wind up the relevant body only if—
(a) the relevant body has been convicted of an offence under
section 25 in relation to a serious crime prevention order;
and
(b) the court considers that it is just and equitable for the
relevant body to be wound up.
(9) No petition may be presented, or order to wind up or dissolve
made, by virtue of this section if—
(a) an appeal against conviction for the offence concerned
has been made and not finally determined; or
(b) the period during which such an appeal may be made has
not expired.
(10) No petition may be presented, or order to wind up or dissolve
made, by virtue of this section if—
(a) the company or relevant body is already being wound up
by the court, or
(b) the partnership is already being dissolved by the court.
(11) In deciding for the purposes of subsection (9) whether an appeal
is finally determined or whether the period during which an
appeal may be made has expired, any power to appeal out of
time is to be ignored.
(12) In this section—
“appropriate Minister” means—
(a) in relation to a relevant body falling within
paragraphs (a) to (c) of the definition of “relevant
body” below, the Treasury; and
(b) in relation to any other relevant body, the Scottish
Ministers;
“company” means—
(a) a company registered under the Companies Act
2006 in Scotland, or
(b) an unregistered company within the meaning of
Part 5 of the Insolvency Act 1986 (see section 220
of that Act),
but does not include a relevant body;
“the court”, in relation to a company, means a court in
Scotland having jurisdiction to wind up the company;
“partnership” does not include a relevant body; and
“relevant body” means—
(a) a building society (within the meaning of the
Building Societies Act 1986);
(b) an incorporated friendly society (within the
meaning of the Friendly Societies Act 1992);
(c) a registered society within the meaning of the Co-
operative and Community Benefit Societies Act
2014;
(d) a limited liability partnership; or
(e) such other description of person as may be
specified by order made by the Scottish Ministers;
and the references to sections 124 to 125 of the Insolvency Act
1986 include references to those sections as applied by section
221(1) of that Act (unregistered companies).”
(1) Section 29 (powers to wind up: supplementary) is amended as follows.
(2) After subsection (1) insert—
“(1ZA) The Scottish Ministers may by order make such modifications as
they consider appropriate to the application of the Insolvency
Act 1986 by virtue of section 27A(2).”
(3) In subsection (2)—
(a) after “subsection (1)” insert “, (1ZA)”;
(b) after “section 27(3) and (4)” insert “, 27A(3) and (4)”.
(4) After subsection (3) insert—
“(3ZA) The Scottish Ministers may by order make such consequential or
supplementary provision, applying with or without
modifications any provision made by or under an enactment
including an enactment comprised in, or in an instrument made
under, an Act of the Scottish Parliament, as they consider
appropriate in connection with section 27A(2) to (4).”
(5) In subsection (4)—
(a) after “section 27(5) or (6)” insert “, 27A(7)”;
(b) after “subsection (1)” insert “, (1ZA)”;
(c) after “enactment” insert “including, in the case of an order made
by virtue of section 27A(7) or subsection (1ZA) above, an
enactment comprised in, or in an instrument made under, an Act
of the Scottish Parliament.””
Page 60, leave out lines 32 to 34 and insert—
“(1) Proceedings before the High Court of Justiciary (the “High Court”) or the
sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil
proceedings.
(2) One consequence of this is that the standard of proof to be applied by the
High Court or (as the case may be) the sheriff in such proceedings is the
civil standard of proof.
(3) Two other consequences of this are that the High Court or (as the case
may be) the sheriff—
(a) is not restricted to considering evidence that would have been
admissible in the criminal proceedings in which the person
concerned was convicted; and
(b) may adjourn any proceedings in relation to a serious crime
prevention order even after sentencing the person concerned.
(4) Despite subsection (1), an Act of Adjournal under section 305 of the
Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be
made in relation to proceedings before the High Court or the sheriff
arising by virtue of section 22A, 22B, 22C or 22E.
(5) A serious crime prevention order may be made as mentioned in section
22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal
Procedure (Scotland) Act 1995 (which relate to orders discharging a
person absolutely and their effect).
(6) A variation of a serious crime prevention order may be made as
mentioned in section 22B(4)(b), or (as the case may be) a variation of or a
new serious crime prevention order may be made as mentioned in
section 22C(4)(b), in spite of anything in sections 246 and 247 of the
Criminal Procedure (Scotland) Act 1995.”
Page 61, line 25, at end insert—
“( ) in subsection (6)—
(i) for “statutory instrument” substitute “the Secretary of
State or the Treasury”;
(ii) after “27(6) or (12),” insert “, 27A(7)”;”
Page 61, line 29, at end insert “, 27A(7) or (12), 29(1ZA) or (3ZA)”
Clause 45
LORD TAYLOR OF HOLBEACH
Page 35, line 36, after “22A” insert “or 22C”
After Clause 64
BARONESS WALMSLEY
Insert the following new Clause—
(1) Subject to subsection (4), providers of regulated activities involving
children or vulnerable adults, and persons whose services are used by such
providers being persons who stand in a position of personal trust towards
such children or vulnerable adults, who have reasonable grounds for
knowing or suspecting the commission of the abuse of children or
vulnerable adults in their care whether such commission of abuse shall
have taken place or be alleged to have or be suspected of having taken place
in the setting of the regulated activity or elsewhere, have a duty to inform
the Local Authority Designated Officer (LADO) or children’s services or
such other single point of contact with the Local Authority as such
Authority may designate for the purpose of reporting it or any such matter,
allegation or suspicion as soon as is practicable after it comes to their
knowledge or attention.
(2) Failure to fulfil the duty set out in subsection (1) before the expiry of the
period of 10 days of the matter or allegation or suspicion first coming to the
knowledge or attention of the provider or of any person whose services are
used by the provider as defined in subsection (1) is an offence.
(3) It shall be a defence to show that the LADO or children’s services or that
such other single point of contact with the Local Authority as such
Authority may designate for the purpose of reporting was or were
informed by any other party during the 10 days referred to in subsection
(2) or had been so informed before then.
(4) A Secretary of State having responsibility for the welfare, safety and
protection of children and of vulnerable adults may in exceptional cases by
a letter or other instrument under his hand rescind or temporarily suspend
the duty referred to in subsection (1) in the case of any specified child or
children or of any specified vulnerable adult or adults concerning whom it
appears to him that the welfare, safety or the protection of such child or
children or of such vulnerable adult or adults would be prejudiced or
compromised by the fulfilment of the duty referred to in subsection (1) and
may where it appears to him that the welfare, safety and protection of
children is furthered thereby exempt any specified entity or organisation
and the members thereof that works with children generally in furtherance
of their welfare and safety and protection or any specified medical officer
from compliance with the duty referred to in subsection (1) provided
always that no allegation is made against such entity or organisation or
member thereof or against such medical officer.
(5) It shall be a defence for any person to show that a Secretary of State having
responsibility for the welfare, safety and protection of children and of
vulnerable adults has issued a letter or other instrument under his hand
rescinding or temporarily suspending the duty referred to in subsection (1)
in the case of any specified child or children or of any specified vulnerable
adult or adults and it shall be a defence for any person employed by or
operating as an entity or organisation that works with children or for any
medical officer to show that a Secretary of State having responsibility for
the welfare, safety and protection of children and of vulnerable adults has
by such letter or instrument under his hand whether temporarily or
permanently exempted it and its members or any medical officer from
compliance with the duty referred to in subsection (1).
(6) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
12 months or to a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not
exceeding three years or to a fine, or both.
(7) In this section “regulated activity” has the same meaning as in Schedule 4
to the Safeguarding Vulnerable Groups Act 2006.”
Clause 67
LORD TAYLOR OF HOLBEACH
Page 49, line 30, leave out “or revoke” and insert “, revoke or otherwise modify”
Clause 70
LORD TAYLOR OF HOLBEACH
Page 51, line 26, at end insert “made by statutory instrument”
Page 52, leave out line 17