|
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
98
Clause 324, page 187, line 40, after 'adviser', insert 'or chartered accountant or chartered taxation adviser'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
100
Clause 324, page 188, line 6, after 'employer', insert 'or, as the case may be, his firm, company or voluntary organisation.'.
Mr Bob Ainsworth
286
Clause 329, page 190, line 40, leave out 'or a pecuniary advantage'.
Mr Bob Ainsworth
287
Clause 329, page 190, line 41, at end insert—
'(5A) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.'.
Mr Bob Ainsworth
288
Clause 329, page 191, line 4, leave out 'or pecuniary advantage'.
Mr Bob Ainsworth
289
Clause 329, page 191, line 6, leave out subsection (8) and insert—
'(8) Property is all property wherever situated and includes—
| (b) | all forms of property, real or personal, heritable or moveable; |
| (c) | things in action and other intangible or incorporeal property.'. |
Mr George Foulkes
267
Clause 329, page 191, line 19, leave out 'but excluding a lease which is not a long lease'.
Mr Bob Ainsworth
290
Clause 337, page 195, line 2, leave out 'may' and insert 'does'.
Mr Bob Ainsworth
291
Clause 341, page 197, line 25, after 'constable' insert 'or a customs officer'.
Mr Bob Ainsworth
292
Clause 342, page 199, line 7, after 'constable' insert 'or a customs officer'.
Mr Bob Ainsworth
293
Clause 352, page 203, line 27, leave out 'a senior' and insert 'an'.
Mr Bob Ainsworth
294
Clause 357, page 206, line 36, leave out subsections (1) to (3).
Mr Bob Ainsworth
295
Clause 358, page 207, line 5, at end insert—
'(1A) An accredited financial investigator, constable or customs officer may not make an application for a customer information order unless he is authorised to do so by a senior appropriate officer.'.
Mr Bob Ainsworth
296
Clause 358, page 207, line 16, leave out 'police officer' and insert 'constable'.
Mr Bob Ainsworth
297
Clause 358, page 207, line 18, leave out 'police officer' and insert 'constable'.
Mr Bob Ainsworth
298
Clause 359, page 208, line 10, leave out 'application' and insert 'order'.
Mr Bob Ainsworth
299
Clause 362, page 209, line 7, leave out subsections (2) to (4).
Mr Bob Ainsworth
300
Clause 363, page 209, line 15, leave out subsections (1) to (3).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
429
Clause 374, page 214, line 18, after 'material', insert 'specified in the warrant which is'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
430
Clause 374, page 214, line 18, after 'there', insert 'and'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
431
Clause 378, page 217, line 11, after 'person', insert '(other than the person specified in the application)'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
432
Clause 381, page 218, line 18, leave out paragraph (a).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
433
Clause 383, page 219, line 7, leave out 'or money laundering investigation'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
434
Clause 383, page 219, line 21, leave out 'the sheriff' and insert—
| '(a) | in the case of an order made in a confiscation investigation, a judge of the High Court of Justiciary; |
| (b) | in the case of an order made in a civil recovery investigation, a judge of the Court of Session'. |
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
435
Clause 383, page 219, line 25, leave out 'sheriff' and insert 'judge of the High Court of Justiciary or judge of the Court of Session, as the case may be'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
436
Clause 388, page 222, line 32, leave out paragraph (a).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
437
Clause 393, page 225, line 1, leave out paragraph (a).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
438
Clause 397, page 226, line 10, leave out 'procurator fiscal' and insert 'Lord Advocate'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
439
Clause 424, page 246, line 34, leave out subsection (2).
Mr Bob Ainsworth
301
Clause 432, page 251, line 16, at end insert—
'(4A) Property is obtained by a person if he obtains an interest in it.
(4B) References to an interest, in relation to property other than land, include references to a right (including a right to possession).'.
Mr Bob Ainsworth
343
Schedule 8, page 271, line 8, leave out from '3' to end of line 14 and insert '(courts of summary jurisdiction), after sub-paragraph (i) insert—
| "(j) | proceedings under sections 294, 296, 297, [Victims] and 300 of the Proceeds of Crime Act 2001".'. |
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
442
Schedule 8, page 272, line 26, at end insert—
'Legal Aid (Scotland) Act 1986 (c. 47)
12A In Part I of Schedule 2 to the Legal Aid (Scotland) Act 1986, in paragraph 1, at end add—
| "( ) | under section 94 of the Proceeds of Crime Act 2002 in relation to the making of a confiscation order where representations are made to the court by someone other than the accused; |
| ( ) | under section 101 of the Proceeds of Crime Act 2002 in relation to the disposal of the family home where representations are made to the court by someone other than the accused; |
| ( ) | under section 136 of the Proceeds of Crime Act 2002 in relation to action taken by the administrator where an application to the court has been made by a person specified in section 136(2) of that Act; |
| ( ) | under section 294 of the Proceeds of Crime Act 2002 in relation to the detention of seized cash; |
| ( ) | under section 297 of the Proceeds of Crime Act 2002 in relation to the forfeiture of cash detained under section 294 of that Act.".' |
Mr Bob Ainsworth
344
Schedule 8, page 279, line 21, leave out from '2(2)' to end of line 30 and insert '(Crown Court), after paragraph (d) insert "or
| (e) | which relate to an order under section 297 of the Proceeds of Crime Act 2001", |
and omit the "or" at the end of paragraph (c).
| | ( ) | In paragraph 2(3) (magistrates' courts), after "2001", insert— |
| "(l) | for an order or direction under section 294, 296, 297, [Victims] or 300 of the Proceeds of Crime Act 2001", |
and omit the "or" at the end of paragraph (j)'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
440
Schedule 9, page 283, line 27, at end insert—
'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
441
Schedule 9, page 283, line 30, at end insert—
'Proceeds of Crime (Scotland) Act 1995 (c. 43), Parts I, III, IV, V, Schedules 1 and 2'.
Norman Baker
Mr Alistair Carmichael
Annette Brooke
448
Clause 444, page 255, line 11, leave out '2001' and insert '2002'.
EXCERPT FROM THE ORDER OF THE HOUSE (30TH OCTOBER 2001)
Proceedings in Standing Committee
3.—(1) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5th February 2002.
(2) The Standing Committee shall have leave to sit twice on the first day on which it meets.
ORDER OF THE COMMITTEE (13TH NOVEMBER 2001)
That—
| (1) | during proceedings on the Proceeds of Crime Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at five minutes to Nine o'clock and at half-past Two o'clock, except that on Tuesday 8th January 2002 the Committee shall not meet at half-past Ten o'clock; |
| (2) | 39 sittings in all shall be allotted to the consideration of the Bill by the Committee; |
| (3) | the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown; |
| (4) | the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table; |
| (5) | paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (3) if previous proceedings have already been concluded. |
TABLE
| Sitting | Proceedings | Time for
conclusion of
proceedings |
| 1st | Clause 1, Schedule 1 and Clauses 2 to 5 | — |
| 2nd | Clause 1, Schedule 1 and Clauses 2 to 5 | — |
| 3rd | Clause 1, Schedule 1 and Clauses 2 to 5 | — |
| 4th | Clause 1, Schedule 1 and Clauses 2 to 5 (so far as not previously concluded), New Clauses and New Schedules relating to Part 1 |
5 p.m. |
| 5th | Clauses 6 to 40 | — |
| 6th | Clauses 6 to 40 | — |
| 7th | Clauses 6 to 40 | — |
| 8th | Clauses 6 to 40 | — |
| 9th | Clauses 6 to 40 | — |
| 10th | Clauses 6 to 40 (so far as not previously concluded) | 7 p.m. |
| 11th | Clauses 41 to 74 | — |
| 12th | Clauses 41 to 74 (so far as not previously concluded) | 5 p.m. |
| 13th | Clauses 75 to 93 | — |
| 14th | Clauses 75 to 93 (so far as not previously concluded), New Clauses and New Schedules relating to Part 2 |
7 p.m. |
| 15th | Clauses 94 to 137, Schedule 2 and Clauses 138 to 157 | — |
| 16th | Clauses 94 to 137, Schedule 2 and Clauses 138 to 157 (so far as not previously concluded), New Clauses and New Schedules relating to Part 3 |
5 p.m. |
| 17th | Part 4, New Clauses and New Schedules relating to Part 4 |
1 p.m. |
| 18th | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 19th | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 20th | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 21st | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 |
— |
| 22nd | Clauses 245 to 252, Schedule 3, Clauses 253 to 268, Schedule 4 and Clauses 269 to 287 (so far as not previously concluded) |
7 p.m. |
| 23rd | Clauses 288 to 310 | — |
| 24th | Clauses 288 to 310 | — |
| 25th | Clauses 288 to 310 (so far as not previously concluded), New Clauses and New Schedules relating to Part 5 |
5 p.m. |
| 26th | Clauses 311 to 319, Schedule 5 and Clause 320 | — |
| 27th | Clauses 311 to 319, Schedule 5 and Clause 320 (so far as not previously concluded), New Clauses and New Schedules relating to Part 6 |
7 p.m. |
| 28th | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 | — |
| 29th | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 | — |
| 30th | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 | — |
| 31st | Clauses 321 to 324, Schedule 6 and Clauses 325 to 329 (so far as not previously concluded), New Clauses and New Schedules relating to Part 7 |
7 p.m. |
| 32nd | Part 8 | — |
| 33rd | Part 8 | — |
| 34th | Part 8 (so far as not previously concluded), New Clauses and New Schedules relating to Part 8 |
1 p.m. |
| 35th | Part 9, New Clauses and New Schedules relating to Part 9 |
7 p.m. |
| 36th | Part 10 | — |
| 37th | Part 10 (so far as not previously concluded), New Clauses and New Schedules relating to Part 10 |
5 p.m. |
| 38th | Part 11, New Clauses and New Schedules relating to Part 11 |
1 p.m. |
| 39th | Clause 433, Schedule 7, Clauses 434 to 438, Schedule 8, Clause 439, Schedule 9 and Clauses 440 to 444, remaining New Clauses and New Schedules |
7 p.m. |
|
