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given up to and including
Friday 22nd February 2002
CONSIDERATION OF BILL
NOTEThe Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Blunkett.
Mr Secretary Blunkett To move, That the order in which proceedings on consideration of the Proceeds of Crime Bill, as amended, are to be taken shall be: new Clauses relating to Part 1, amendments relating to Clause 1, Schedule 1 and Clauses 2 to 5; new Clauses relating to Part 2, Part 3, and Part 4; amendments relating to Clauses 6 to 141, Schedule 2 and Clauses 142 to 248; new Clauses relating to Part 5, amendments relating to Clauses 249 to 256, Schedule 3, Clauses 257 to 272, Schedule 4 and Clauses 273 to 316; new Clauses relating to Part 6; amendments relating to Clauses 317 to 325, Schedule 5 and Clause 326; new Clauses relating to Part 7; amendments relating to Clauses 327 to 330, Schedule 6 and Clauses 331 to 335; new Clauses relating to Part 8; amendments relating to Clauses 336 to 407; new Clauses relating to Part 9; amendments relating to Clauses 408 to 425; new Clauses relating to Part 10; amendments relating to Clauses 426 to 433; new Clauses relating to Part 11; amendments relating to Clauses 434 to 439, Schedule 7, Clauses 440 to 444, Schedule 8, Clause 445, Schedule 9 and Clauses 446 to 450; remaining new Clauses; new Schedules.
203Page 1, line 6 [Clause 1], after 'State', insert 'after consultation with the Scottish Ministers'.
221Page 260, line 5 [Schedule 1], at end insert 'after consultation with the Scottish Ministers'.
222Page 260, line 10 [Schedule 1], after 'time', insert 'after consultation with the Scottish Ministers'.
223Page 260, line 13 [Schedule 1], at end insert 'and the Scottish Ministers'.
Mr Secretary Blunkett
77Page 260, line 23 [Schedule 1], leave out 'a senior official' and insert 'an assistant to the Director'.
Mr Secretary Blunkett
78Page 260, line 24 [Schedule 1], at end insert
224Page 261, line 16 [Schedule 1], after 'State', insert 'and the Scottish Ministers'.
225Page 261, line 18 [Schedule 1], at end insert 'and the Scottish Parliament.'.
226Page 261, line 24 [Schedule 1], at end insert 'and in Scotland.'.
Mr Oliver Letwin
174Page 261, line 32 [Schedule 1], at end insert
'(3A) For the purposes of sub-paragraph (3), there shall be no more than 10 performance targets for any financial year and those targets shall relate specifically to the functions of the Agency.'.
227Page 262, line 11 [Schedule 1], at end insert
'(4) The Director must send a copy of each report to the Scottish Ministers who must
228Page 262, line 20 [Schedule 1], at end insert
'11A In section 15 of the Scotland Act 1998 (disqualification from membership of the Parliament) insert in subsection (1)
Mr Secretary Blunkett
79Page 3, line 4 [Clause 4], leave out from 'offences' to end of line 5.
196Page 3, line 6 [Clause 4], at end insert
'(1A) Such co-operation shall take place in accordance with the provisions of other enactments.'.
NEW CLAUSES RELATING TO PART 2Disposal of family home: England and Wales
Mr Oliver Letwin
NC2To move the following Clause:
'(1) This section applies where a confiscation order has been made in relation to any person and the prosecutor or the Director (as the case may be) has not satisfied the court that the person's interest in his family home has been acquired as a benefit from his criminal conduct.
(2) Where this section applies, then, before the receiver disposes of any right or interest in the person's family home he shall
(4) Subsection (3) shall apply to an action for the purpose of obtaining vacant possession of that home in order to dispose of it brought by the receiver as it applies to an application under subsection (2)(b) and, for the purposes of this subsection, any reference in subsection (3) to the granting of the application shall be construed as a reference to the granting of the relief sought in the action.
(5) In this section
"family home", in relation to any person (in this subsection referred to as "the relevant person") means any property in which the relevant person has or had (whether alone or in common with any other person) a right or interest, being property which is occupied as a residence by the relevant person and his or her spouse or by the relevant person's spouse or former spouse (in any case with or without a child of the family) or by the relevant person with a child of the family;
"child of the family" includes any child or grandchild of either the relevant person or his or her spouse or former spouse, and any person who has been treated by either the relevant person or his or her spouse or former spouse as if he or she were a child of the relevant person, spouse or former spouse, whatever the age of such a child, grandchild or person may be; and
"relevant consent" means in relation to the disposal of any right or interest in a family home
Provisions for property acquired prior to the relevant day
NC11To move the following Clause:
'(1) This section shall apply in relation to any property held by the defendant after the date of his conviction which was transferred to him before the relevant day as defined in section 11(8).
(2) In deciding whether property falling within subsection (1) was a benefit of the defendant's criminal conduct the court shall not apply the assumption in section 11(3) and shall determine the matter according to whether it is satisfied so that it is sure.'.
NEW CLAUSE RELATING TO PART 3Performance of functions of Scottish Ministers by constables in Scotland
Mrs Secretary Liddell
NC13To move the following Clause:
'(1) In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in subsection (2), on behalf of the Scottish Ministers.
(2) The specified functions are the functions conferred on the Scottish Ministers by
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