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Amendment made: No. 80, in page 7, line 6, at end insert—
'(7) The court must not make an order under subsection (2) or (4) unless it gives—
(a) the prosecutor, or
(b) if the Director was appointed as the enforcement authority for the order under section 35, the Director,
an opportunity to make representations.'.—[Mrs. McGuire.]
Clause 14
Amendment made: No. 190, in page 8, line 5, leave out subsection (7).—[Mrs. McGuire.]
Clause 17
Amendment made: No. 81, in page 10, line 4, leave out subsection (4) and insert—
'(4) A statement under subsection (3) must include information the prosecutor or Director believes is relevant—
(a) in connection with the making by the court of a required assumption under section 11;
(b) for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.'.—[Mrs. McGuire.]
Clause 25
Amendment made: No. 191, in page 17, line 42, leave out—
'is situated in England and Wales and'.—[Mrs. McGuire.]
Clause 30
Amendments made: No. 82, in page 20, line 20, at end insert—
'(ba) he is convicted of an offence (or any of the offences) mentioned in section 29(2)(a),'.
No. 83, in page 20, line 24, leave out from second "the" to "he" in line 25 and insert "relevant period".
No. 84, in page 20, line 33, at end insert—
'(3) The relevant period is the period of 28 days starting with—
(a) the date on which the defendant was convicted of the offence mentioned in section 29(2)(a), or
(b) if there are two or more offences and the convictions were on different dates, the date of the latest.
(4) But in a case where section 29(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.'.—[Mrs. McGuire.]
Clause 42
Amendment made: No. 192, in page 28, line 34, leave out from "by" to "or" in line 35 and insert "the defendant".—[Mrs. McGuire.]
Clause 55
Amendment made: No. 85, in page 37, line 10, leave out subsection (7).—[Mrs. McGuire.]
Clause 57
Amendment made: No. 86, in page 38, line 28, leave out subsection (6).—[Mrs. McGuire.]
Clause 78
Amendments made: No. 87, in page 50, line 3, leave out "the defendant obtained it" and insert "of the transfer".
No. 88, in page 50, line 9, leave out "the defendant obtained it" and insert "of the transfer".—[Mrs. McGuire.]
Clause 94
Amendments made: No. 230, in page 56, line 33, leave out from "pay" to "amount" in line 34 and insert "that".
No. 232, in page 57, line 3, leave out "absconds" and insert "is unlawfully at large".—[Mrs. McGuire.]
Clause 100
Amendment made: No. 290, in page 60, line 11, leave out subsection (7).—[Mrs. McGuire.]
Clause 104
Amendments made: No. 255, in page 63, line 12, leave out "specify" and insert "order".
No. 256, in page 63, line 19, leave out subsection (3) and insert—
'(3) A statement under subsection (2) must include information the prosecutor believes is relevant—
(a) in connection with the making by the court of a required assumption under section 99;
(b) for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.'.
No. 257, in page 63, line 34, at end insert—
'(6) If the court makes an order under this section it may at any time vary it by making another one.'.—[Mrs. McGuire.]
Clause 106
Amendment made: No. 258, in page 64, line 42, at end insert—
'(4A) For the purposes of this section an allegation may be accepted in a manner ordered by the court.'.—[Mrs. McGuire.]
Clause 107
Amendment made: No. 259, in page 65, line 8, leave out—
'as soon as practicable and'.—[Mrs. McGuire.]
Clause 108
Amendment made: No. 260, in page 66, line 24, leave out—
'as soon as practicable and'.—[Mrs. McGuire.]
Clause 109
Amendment made: No. 261, in page 67, line 38, leave out—
'as soon as practicable and'.—[Mrs. McGuire.]
Clause 112
Amendment made: No. 231, in page 70, line 29, leave out—
'is situated in Scotland and'.—[Mrs. McGuire.]
Clause 113
Amendments made: No. 262, in page 70, line 39, leave out ", 110 or 111".
No. 263, in page 70, line 44, leave out ", 110 or 111".—[Mrs. McGuire.]
Clause 114
Amendment made: No. 264, in page 71, line 9, at end insert—
'and if it believes it is appropriate for it to do so'.—[Mrs. McGuire.]
Clause 115
Amendment made: No. 265, in page 71, line 35, at end insert—
'and if it believes it is appropriate for it to do so'.—[Mrs. McGuire.]
Clause 116
Amendments made: No. 266, in page 72, line 21, at end insert—
'(ba) he is convicted of an offence (or any of the offences) mentioned in section 115(1)(a),'.
No. 267, in page 72, line 25, leave out from second "the" to "he" in line 26 and insert "relevant period".
No. 268, in page 72, line 34, at end insert—
'(3) The relevant period is the period of 28 days starting with—
(a) the date on which the accused was convicted of the offence mentioned in section 115(1)(a), or
(b) if there are two or more offences and the convictions were on different dates, the date of the latest.
(4) But in a case where section 115(1)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the accused has not been convicted.'.—[Mrs. McGuire.]
Clause 119
Amendment made: No. 269, in page 74, line 23, leave out subsection (7) and insert—
'(7) The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.'.—[Mrs. McGuire.]
Clause 123
Amendments made: No. 270, in page 78, line 5, at end insert—
'(5A) The court may make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective.'.
No. 271, in page 78, line 14, leave out from "includes" to end of line 17 and insert—
'removing the property from Scotland.'.—[Mrs. McGuire.]
Clause 124
Amendments made: No. 272, in page 78, line 20, leave out "only".
No. 273, in page 78, line 21, leave out "must" and insert "may".
No. 274, in page 78, line 42, leave out subsection (10).—[Mrs. McGuire.]
Clause 129
Amendment made: No. 275, in page 81, line 12, after "constable", insert "or a customs officer".—[Mrs. McGuire.]
Clause 132
Amendment made: No. 233, in page 82, line 43, leave out Clause 132.—[Mrs. McGuire.]
Clause 134
Amendments made: No. 276, in page 83, line 32, leave out from "in" to end of line 34 and insert—
'making any payments as directed by the court;'.
No. 277, in page 84, line 11, leave out subsection (9).—[Mrs. McGuire.]
Clause 135
Amendment made: No. 278, in page 85, line 1, leave out subsection (8).—[Mrs. McGuire.]
Clause 138
Amendment made: No. 234, in page 86, line 31, leave out from "appropriate" to end of line 32.—[Mrs. McGuire.]
Clause 139
Amendment made: No. 280, in page 86, line 34, after "prosecutor", insert ", an administrator".—[Mrs. McGuire.]
Clause 148
Amendments made: No. 281, in page 91, line 41, leave out "the accused obtained it" and insert "of the transfer".
No. 282, in page 92, line 3, leave out "the accused obtained it" and insert "of the transfer".—[Mrs. McGuire.]
Clause 155
Amendment made: No. 283, in page 94, line 37, at end insert—
'(5) If—
(a) the accused is convicted in proceedings for an offence but the court decides not to make a confiscation order against him, and
(b) on appeal under section 108(1)(ca) or 175(4)(ca) of the Procedure Act, the High Court of Justiciary refuses the appeal,
the proceedings are concluded on the determination of the appeal.'.—[Mrs. McGuire.]
Clause 157
Amendment made: No. 284, in page 95, line 18, at end insert—
'(2) A confiscation order is subject to appeal until there is no further possibility of an appeal on which the order could be varied or quashed; and for this purpose any power to grant leave to appeal out of time must be ignored.'.—[Mrs. McGuire.]
Clause 168
Amendment made: No. 178, in page 100, line 20, at end insert—
'(7) The court must not make an order under subsection (2) or (4) unless it gives—
(a) the prosecutor, or
(b) if the Director was appointed as the enforcement authority for the order under section 191, the Director,
an opportunity to make representations.'.—[Mrs. McGuire.]
Clause 170
Amendment made: No. 193, in page 101, line 23, leave out subsection (7).—[Mrs. McGuire.]
Clause 173
Amendment made: No. 179, in page 103, line 20, leave out subsection (4) and insert—
'(4) A statement under subsection (3) must include information the prosecutor or Director believes is relevant—
(a) in connection with the making by the court of a required assumption under section 167;
(b) for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.'.—[Mrs. McGuire.]
Clause 181
Amendment made: No. 194, in page 111, line 16, leave out—
'is situated in Northern Ireland and'.—[Mrs. McGuire.]
Clause 186
Amendments made: No. 180, in page 113, line 38, at end insert—
'(ba) he is convicted of an offence (or any of the offences) mentioned in section 185(2)(a),'.
No. 181, in page 113, line 42, leave out from second "the" to "he" in line 43 and insert "relevant period".
No. 182, in page 114, line 5, at end insert—
'(3) The relevant period is the period of 28 days starting with—
(a) the date on which the defendant was convicted of the offence mentioned in section 185(2)(a), or
(b) if there are two or more offences and the the convictions were on different dates, the date of the latest.
(4) But in a case where section 185(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.'.—[Mrs. McGuire.]
Clause 197
Amendment made: No. 195, in page 121, line 25, leave out from "by" to "or" in line 26 and insert "the defendant".—[Mrs. McGuire.]
Clause 210
Amendment made: No. 183, in page 130, line 8, leave out subsection (7).—[Mrs. McGuire.]
Clause 212
Amendment made: No. 184, in page 131, line 25, leave out subsection (6).—[Mrs. McGuire.]
Clause 233
Amendments made: No. 185, in page 142, line 28, leave out "the defendant obtained it" and insert "of the transfer".
No. 186, in page 142, line 34, leave out "the defendant obtained it" and insert "of the transfer".—[Mrs. McGuire.]
'(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—
(a) sections 253(1) and (2) and 263(1) and (7) (proceedings in the Court of Session),
(b) section 272(2) (trustee for civil recovery),
(c) sections 275(3) and (4) and 276(5) (agreements about associated and joint property),
(d) section 279(2) (pension schemes),
(e) section 286(1) and (2) (exemptions)
(f) section 287(5) and (7) (compensation),
(g) section 290(2) (financial threshold),
(h) section 296(1) (code of practice),
(i) section 301(1) (forfeiture),
(j) section 306(1) (minimum amount).'.—[Mrs. McGuire.]
Brought up, read the First and Second time, and added to the Bill.
Clause 249
Mr. Grieve: I beg to move amendment No. 57, in page 148, line 36, at end insert—
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