Vote Bundle Text (920222-08)

Amendments proposed to the Proceeds of Crime, As Amended - continued	House of Commons

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Mr Secretary Blunkett

126

Page 177, line 26 [Clause 304], leave out 'or part' and insert 'to which the application relates'.

Mr Secretary Blunkett

127

Page 177, line 26 [Clause 304], at end insert—

'(4) If—

(a)	the applicant is not the person from whom the cash to which the application relates was seized,

(b)	it appears to the court or sheriff that that cash belongs to the applicant,

(c)	the court or sheriff is satisfied that the conditions in section 298 for the detention of that cash are no longer met or, if an application has been made under section 301, the court or sheriff decides not to make an order under that section in relation to that cash, and

(d)	no objection to the making of an order under this subsection has been made by the person from whom that cash was seized,

the court or sheriff may order the cash to which the application relates to be released to the applicant or to the person from whom it was seized.'.

Mr Secretary Blunkett

128

Page 182, line 24 [Clause 313], leave out from beginning to 'any' in line 25 and insert—

'and in subsection (8) "the applicable enactment" means whichever enactment mentioned in paragraphs (a) to (c) is relevant to the resolution, arrangement, order or trust deed mentioned in subsection (3).

(8) In this section—

(a)	an asset means any property within the meaning of the applicable enactment or, where the 1985 Act is the applicable enactment'.

Mr Secretary Blunkett

129

Page 182, line 27 [Clause 313], leave out 'matter' and insert 'resolution, arrangement, order or trust deed'.

Mr Secretary Blunkett

130

Page 182, line 28 [Clause 313], leave out from third 'the' to 'or' in line 29 and insert 'applicable enactment'.

Mr Secretary Blunkett

131

Page 182, line 32 [Clause 313], leave out from second 'in' to end of line 33 and insert 'the applicable enactment have the same meaning as in that enactment'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

Page 184, line 13 [Clause 316], leave out subsection (3).

Mr Secretary Blunkett

Page 186, line 39 [Clause 320], leave out from 'them' to end of line 40 and insert 'in respect of the exercise by the Director of any of his Revenue functions'.

Mr Secretary Blunkett

Page 190, line 37 [Clause 326], leave out from 'security' to end of line 38.

NEW CLAUSE RELATING TO PART 7

Negligent failure to disclose: regulated sector

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

NC7

To move the following Clause:—

'(1) Where a person receives, in the course of a business in the regulated sector, information or other matter which gives him reasonable grounds for knowing or suspecting that another person is engaged in money laundering, he commits an offence under this section, unless subsections (2) or (3) below apply.

(2) No offence is committed under this section if a disclosure within section 330(4) is made in relation to the information or other matter in question.

(3) No offence is committed if either of the circumstances in section 330(5) applies.

(4) Schedule 6 applies for the purposes of this section as it does for the purposes of section 330.

(5) Section 330(6) applies for the purposes of this section.'.

Mr Secretary Blunkett

Page 192, line 18 [Clause 329], leave out 'for' and insert 'by'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

176

Page 192, line 18 [Clause 329], leave out from 'provision' to end of line 19 and insert 'of goods or services provided by a person who knows or suspects that they may help another to carry out criminal conduct is not consideration'.

Mr Secretary Blunkett

Page 192, line 18 [Clause 329], leave out 'help him' and insert 'he knows or suspects may help another'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

Page 192, line 24 [Clause 330], leave out from 'suspects' to end of line 25.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

177

Page 192, line 26 [Clause 330], leave out 'is engaged in money laundering' and insert 'has carried out or intends to carry out one or more transactions for the purposes of money laundering'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

Page 192, line 28 [Clause 330], leave out from 'based' to end of line 29.

Mr Secretary Blunkett

Page 192, line 38 [Clause 330], at end insert—

'(c)	subsection (5A) applies to him.

(5A) This subsection applies to a person if—

(a)	he does not know or suspect that another person is engaged in money laundering, and

(b)	he has not been provided by his employer with such training as is specified by the Secretary of State by order for the purposes of this section.'.

Mr Secretary Blunkett

Page 193, line 16 [Clause 330], leave out 'a view to' and insert 'the intention of'.

Mr Secretary Blunkett

Page 193, line 42 [Clause 331], leave out 'a view to' and insert 'the intention of'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

175

Page 194, line 11 [Clause 332], at end insert—

'(3) A person guilty of an offence under section [negligent failure to disclose: regulated sector] shall be liable to a fine not exceeding level 5 on the standard scale.'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

168

Page 194, line 21 [Clause 333], leave out 'or suspecting' and insert ', suspecting or inferring'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

169

Page 194, line 22 [Clause 333], at end insert 'or is information further to, supportive of or relating to this information'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

170

Page 194, line 24 [Clause 333], leave out from 'officer' to end of line 25.

NEW CLAUSES RELATING TO PART 8

Code of practice

Mr Secretary Blunkett

NC4

To move the following Clause:—

'(1) The Secretary of State must prepare a code of practice as to the exercise by the Director and appropriate officers of functions they have under this Chapter.

(2) After preparing a draft of the code the Secretary of State—

(a)	must publish the draft;

(b)	must consider any representations made to him about the draft;

(c)	may amend the draft accordingly.

(3) After the Secretary of State has proceeded under subsection (2) he must lay the code before Parliament.

(4) When he has done so the Secretary of State may bring the code into operation on such day as he may appoint by order.

(5) The Director must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

(6) An appropriate officer must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

(7) If the Director or an appropriate officer fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.

(8) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

(9) The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

(10) The following provisions do not apply to an appropriate officer in the exercise of any function he has under this Chapter—

(a)	section 67(9) of the Police and Criminal Evidence Act 1984 (c. 60) (application of codes of practice under that Act to persons other than police officers);

(b)	Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (which makes similar provision for Northern Ireland).'.