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Register of Drug Trafficking Offenders Bill

This is the text of the Register of Drug Trafficking Offenders Bill, as presented to the House of Commons on 26th February 2001.

Register of Drug Trafficking Offenders Bill




Amend the Misuse of Drugs Act 1971 to establish a register of drug trafficking offenders; to prescribe the circumstances in which, and by whom, the register may be consulted; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Register of Drug Trafficking Offenders.     1. - (1) The Misuse of Drugs Act 1971 is amended, by inserting after section 27 (forfeiture) the following new section-
"Register of Drug Trafficking Offenders.     27A. - (1) Subject to subsection (4) below, the court by or before which a person is convicted of an offence under section 4(2), 4(3), 5(3), 6(2), 8 or 20 of this Act or a drug trafficking offence as defined in section 13 of the Drug Trafficking Act 1994 or an offence to which section 1 of the Criminal Justice (Scotland) Act 1987 relates or a drug trafficking offence as defined in Article 2(2) of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 may order that that fact shall be recorded on a register which the Secretary of State shall establish and maintain in such manner as will afford convenient and rapid access to any person as defined in subsection (2).
    (2) When any person in the course of his trade, profession, business or employment knows or suspects that another person is engaged in drug money laundering he may obtain from the register information as to whether that person is included in it.
      (3) The Secretary of State shall lay before Parliament within three months of the passing of the Register of Drug Trafficking Offenders Act 2001 regulations prescribing-
    (a) supplemental and incidental provision concerning the circumstances in which and by whom the register may be accessed, and
    (b) any fee for access to the register.
      (4) The court shall not order a record to be made on the register unless-
    (a) the person has been convicted on indictment and sentenced to a period of imprisonment of not less than 3 years; and
    (b) the court is satisfied from the circumstances of the offence or from other circumstances that-
      (i) the offence was committed for commercial purposes, and
      (ii) there is a likelihood of the person reoffending."
Short title.     2. This Act may be cited as the Register of Drug Trafficking Offenders Act 2001.

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Prepared 22 March 2001