Monitoring of compliance with conditions of non-secure remand
Mr Charles Clarke
To move the following Clause:
'.(1) In subsection (7) of section 23 of the Children and Young Persons Act 1969 (conditions that may be imposed by a court remanding a person to non-secure local authority accommodation)
(a) at the beginning there shall be inserted "Subject to section 23AA below,"; and
(b) for the words from "any" to the end there shall be substituted
"(a) any such conditions as could be imposed under section 3(6) of the Bail Act 1976 if he were then being granted bail; and
(b) any conditions imposed for the purpose of securing the electronic monitoring of his compliance with any other condition imposed under this subsection."
(2) After that section there shall be inserted
(3) In section 69 of that Act (orders and regulations), after subsection (4) there shall be inserted
|"Electronic monitoring of conditions of remand.||23AA.(1) A court shall not impose a condition on a person under section 23(7)(b) above (an 'electronic monitoring condition') unless each of the following requirements is fulfilled.|
(2) The first requirement is that the person has attained the age of twelve years.
(3) The second requirement is that
(a) the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b) he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings
(ii) would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.
(4) The third requirement is that the court
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
(b) is satisfied that the necessary provision can be made under those arrangements.
(5) The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person's case.
(6) Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(7) The Secretary of State may make rules for regulating
(a) the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and
(b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.
(8) Subsections (8) to (10) of section 3AA of the Bail Act 1976 (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.
(9) For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area."
"(4A) Nothing in this section applies to an order under section 23AA."'.
Arrangements for detention in secure training centres
Mr Charles Clarke
To move the following Clause:
'.(1) In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), after subsection (7) there shall be inserted
(2) In section 88(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of "remand in custody"), after "secure accommodation" there shall be inserted "or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section".
(3) In section 101(11)(c) of that Act (account to be taken of remands in the court's determination of the term of a detention and training order), after "secure accommodation" there shall be inserted "or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section".'.
Addresses of directors and secretaries of companies
Mr Charles Clarke
To move the following Clause:
'.(1) The Companies Act 1985 shall be amended as follows.
(2) After section 723A there shall be inserted
|"Confidentiality orders.||723B.(1) Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied.|
(2) That condition is that the individual
(a) is or proposes to become a director, secretary or permanent representative of a relevant company; and
(b) considers that the availability for inspection by members of the public of particulars of his usual residential address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him will be subjected to violence or intimidation.
(3) Where, on an application made by an individual under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of particulars of the individual's usual residential address creates, or (if an order is not made under this section) is likely to create, a serious risk that the individual, or a person who lives with him, will be subjected to violence or intimidation, he shall make an order under this section ('a confidentiality order') in relation to him.
(4) Otherwise, he shall dismiss the application.
(5) An application under this section shall specify, in relation to each company of which the individual is a director, secretary or permanent representative, an address satisfying such conditions as may be prescribed.
(6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within the prescribed period after the making of the decision and contain such information as may be prescribed.
(7) Regulations may make provision about applications for confidentiality orders; and the regulations may in particular
(a) require the payment, on the making of an application, of such fees as may be specified in the regulations;
(b) make provision about the form and manner in which applications are to be made;
(c) provide that applications shall contain such information, and be accompanied by such evidence, as the Secretary of State may from time to time direct.
(8) Regulations may make provision
(a) about the manner in which determinations are to be made under subsection (3) or (4);
(b) for questions to be referred to such persons as the Secretary of State thinks fit for the purposes of such determinations;
(c) about the review of such determinations;
(d) about the period for which confidentiality orders shall remain in force and the renewal of confidentiality orders.
(9) The Secretary of State may at any time revoke a confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.
(10) Regulations may make provision about the manner in which a determination under subsection (9) is to be made and notified to the individual concerned.
|Effect of confidentiality orders.||723C.(1) At any time when a confidentiality order is in force in relation to an individual|
(a) section 709(1) shall not apply to so much of any record kept by the registrar as contains information which is recorded as particulars of the individual's usual residential address that were contained in a document delivered to the registrar after the order came into force;
(b) section 364 shall have effect in relation to each affected company of which the individual is a director or secretary as if the reference in subsection (4)(a) of that section to the individual's usual residential address were a reference to the address for the time being specified by the individual in relation to that company under section 723B(5) or subsection (7) below.
(2) Regulations may make provision about the inspection and copying of confidential records, and such provision may include
(a) provision as to the persons by whom, and the circumstances in which, confidential records may be inspected or copies taken of such records;
(b) provision under which the registrar may be required to provide certified copies of, or of extracts from, such records.
(3) Provision under subsection (2) may include provision
(a) for persons of a prescribed description to be entitled to apply to the court for authority to inspect or take copies of confidential records;
(b) as to the criteria to be used by the court in determining whether an authorisation should be given.
(4) Regulations may make provision for restricting the persons to whom, and the purposes for which, relevant information may be disclosed.
(5) In subsection (4) 'relevant information' means information, relating to the usual residential address of an individual in relation to whom a confidentiality order is in force, which has been obtained in prescribed circumstances.
(6) Regulations may
(a) provide that, where a confidentiality order is in force in relation to an individual who is a director or secretary of a company, subsections (3) and (5) of section 288 shall not apply in relation to so much of the register kept by the company under that section as contains particulars of the usual residential address of that individual ('the protected part of the register'); and
(b) make provision as to the persons by whom the protected part of the register may be inspected and the conditions (which may include conditions as to the payment of a fee) on which they may inspect it.
(7) Regulations may make provision
(a) requiring any individual in relation to whom a confidentiality order is in force to specify in the prescribed manner, in relation to each company of which he becomes a director, secretary or permanent representative at a time when the order is in force, an address satisfying such conditions as may be prescribed;
(b) as to the manner in which the address specified in relation to a company under section 723B(5) or this subsection may be changed.
(8) A company is an affected company for the purposes of subsection (1) if
(a) it is required to deliver annual returns in accordance with section 363; and
(b) the individual has specified an address in relation to it under section 723B(5) or subsection (7) above.
|Construction of sections 723B and 723C.||723D.(1) In section 723B 'relevant company' means|
(a) a company formed and registered under this Act or an existing company; or
(2) For the purposes of sections 723B and 723C, an individual is a permanent representative of a company if
(a) the company is a company to which section 690A applies; and
(b) he is authorised to represent the company as a permanent representative of the company for the business of one or more of its branches in Great Britain.
(3) In section 723C 'confidential records' means so much of any records kept by the registrar for the purposes of the Companies Acts as contains information
(a) which relates to an individual in relation to whom a confidentiality order is in force; and
(b) is recorded as particulars of the individual's usual residential address that were contained in a document delivered to the registrar after the order came into force.
(4) In sections 723B and 723C
'confidentiality order' means an order under section 723B;
'the court' means such court as may be specified in regulations;
'director' and 'secretary', in relation to an oversea company, have the same meanings as in Chapter I of Part XXIII of this Act;
'document' has the same meaning as in Part XXIV of this Act;
'prescribed' means prescribed by regulations.
(5) Section 715A(2) applies in relation to sections 723B and 723C as it applies in relation to Part XXIV of this Act.
(6) Regulations may provide that in determining for the purposes of sections 723B and 723C whether a document has been delivered after the coming into force of a confidentiality order, any document delivered to the registrar after the latest time permitted for the delivery of that document shall be deemed to have been delivered at that time.
(7) For the purposes of section 723B(2)(a) and subsection (2) above it is immaterial whether or not the company in question has already been incorporated or become a relevant company or a company to which section 690A applies at the time of the application under section 723B.
(8) For the purposes of section 723C(1) and subsection (3) above, it is immaterial whether the record in question consists in the original document concerned.
|Sections 723B and 723C: offences.||723E.(1) Regulations may provide|
(a) that any person who in an application under section 723B makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, shall be guilty of an offence;
(b) that any person who discloses information in contravention of regulations under section 723C(4) shall be guilty of an offence.
(2) Regulations may provide that a person guilty of an offence under subsection (1) shall be liable
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both; and
(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
(3) In section 288 (register of directors and secretaries), after subsection (6) there shall be inserted
|Regulations under sections 723B to 723E.||723F.(1) In sections 723B to 723E 'regulations' means regulations made by the Secretary of State.|
(2) Any power of the Secretary of State to make regulations under any of those sections shall be exercisable by statutory instrument.
(3) Regulations under sections 723B to 723E
(a) may make different provision for different cases;
(b) may contain such incidental, supplemental, consequential and transitional provision, as the Secretary of State thinks fit.
(4) The provision that may be made by virtue of subsection (3)(b) includes provision repealing or modifying any enactment.
(5) No regulations shall be made under any of sections 723B to 723E unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House."
(4) In section 709(1) (inspection, etc of records kept by the registrar), at the beginning there shall be inserted "Subject to section 723B,"'.
"(7) Subsections (3) and (5) are subject to section 723B."