Amendments proposed to the Terrorism Bill, As Amended - continued | House of Commons |
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Mr Secretary Straw 27 Page 48, line 9 [Clause 100], leave out '(with appropriate modifications)'.
Mr Secretary Straw 28 Page 48, line 10 [Clause 100], leave out 'the first issue of a' and insert 'an original'.
Mr Kevin McNamara 139 Page 50, line 2, leave out Clause 106.
Mr Andrew MacKay 144 Page 50, line 3 [Clause 106], leave out from 'if' to end of line 7 and insert '
Mr Andrew MacKay 145 Page 50, line 3 [Clause 106], leave out from first 'time' to end of line 7 and insert '.
Mr Kevin McNamara 140 Page 50, line 8, leave out Clause 107.
Mr Kevin McNamara 141 Page 50, line 23, leave out Clause 108.
Mr Kevin McNamara 142 Page 51, line 4, leave out Clause 109.
Mr Kevin McNamara 143 Page 51, line 38, leave out Clause 111.
Mr Secretary Straw 29 Page 52, line 15 [Clause 111], leave out subsection (5) and insert'(5) The following provisions shall be treated for the purposes of this section as forming part of this Part of this Act
Mr Secretary Straw 30 Page 53, line 16 [Clause 113], at end insert'( ) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.'.
Mr Secretary Straw 31 Page 54, line 17 [Clause 118], after 'given', insert 'or order made'.
Mr Secretary Straw 32 Page 54, line 21 [Clause 118], after 'given', insert 'or made'.
Mr Secretary Straw 33 Page 54, line 24 [Clause 118], after 'given', insert 'or order made'.
Mr Secretary Straw 34 Page 54, line 27 [Clause 118], at end insert'( ) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.'.
Mr Secretary Straw 35 Page 56, line 20 [Clause 121], leave out 'and'.
Mr Secretary Straw 36 Page 56, line 21 [Clause 121], at end insert ', and
Miss Ann Widdecombe 148 *Page 56 [Clause 121], leave out line 25.
Miss Ann Widdecombe 150 *Page 56 [Clause 121], leave out line 27.
Miss Ann Widdecombe 154 *Page 56 [Clause 121], leave out line 28.
Miss Ann Widdecombe 152 *Page 56 [Clause 121], leave out line 29.
Miss Ann Widdecombe 156 *Page 56, line 30 [Clause 121], leave out 'or (3)'.
Miss Ann Widdecombe 158 *Page 56 [Clause 121], leave out line 31.
Mr Secretary Straw 37 Page 56, line 35 [Clause 121], after '9', insert '(1)(b)'.
Miss Ann Widdecombe 160 *Page 56 [Clause 121], leave out line 36.
Miss Ann Widdecombe 149 *Page 56, line 40 [Clause 121], at end insert '( ) section 4(3)'.
Miss Ann Widdecombe 151 *Page 56, line 42 [Clause 121], at end insert '( ) section 71'.
Miss Ann Widdecombe 153 *Page 56, line 42 [Clause 121], at end insert '( ) section 79(9)'.
Miss Ann Widdecombe 155 *Page 56, line 42 [Clause 121], at end insert '( ) section 78(5)'.
Miss Ann Widdecombe 157 *Page 56, line 43 [Clause 121], at end insert '( ) section 96(3)'.
Miss Ann Widdecombe 159 *Page 56, line 43 [Clause 121], at end insert '( ) section 99(1)(b)'.
Mr Secretary Straw 38 Page 57, line 1 [Clause 121], at end insert
Mr Secretary Straw 39 Page 57, line 1 [Clause 121], at end insert
Mr Secretary Straw 40 Page 57, line 2 [Clause 121], at end insert
Miss Ann Widdecombe 161 *Page 57, line 2 [Clause 121], at end insert'( ) paragraph 16 of Schedule 7'.
Mr Secretary Straw 41 Page 57, line 25 [Clause 121], leave out 'or'.
Mr Secretary Straw 42 Page 57, line 26 [Clause 121], at end insert
NEW SCHEDULES
Mr Secretary Straw NS1 To move the following Schedule:
'Financial informationOrders 1.(1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation.(2) The information shall be provided
(3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence. (4) It is a defence for an institution charged with an offence under sub-paragraph (3) to prove
(5) An institution guilty of an offence under this sub-paragraph (3) shall be liable to a fine not exceeding level 5 on the standard scale.
Procedure 2. An order under paragraph 1 may be made only on the application of
3. An order under paragraph 1 may be made only by
4.(1) Crown Court rules may make provision about the procedure for an application under paragraph 1. (2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
Criteria for making order 5. An order under paragraph 1 may be made only if the person making it is satisfied that
Financial institution 6.(1) In this Schedule "financial institution" means
(2) The Secretary of State may by order provide for a class of person
(3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
Customer information 7.(1) In this Schedule "customer information" means (subject to sub-paragraph (3))
(2) For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)
(3) The Secretary of State may by order provide for a class of information
Offence by body corporate, &c. 8.(1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence
(2) The officer, as well as the institution, shall be guilty of the offence. (3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to
(4) In the case of an institution which is a body corporate, in this paragraph "officer" includes
(5) In the case of an institution which is a partnership, in this paragraph "officer" means a partner. (6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph "officer" means a person concerned in the management or control of the association.
Self-incrimination 9.(1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.(2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8)).'.
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©Parliamentary copyright 2000 | Prepared 13 Mar 2000 |