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Mr. Wilshire: I hear what my hon. Friend says, but I am one of those people who, when they do not understand something, are willing to admit it. I wonder whether other members of the Committee would do the same. It may be impressive to have a Latin word in the clause. If I think back far enough to my O-level Latin days, I may just manage to work out what the word means. I should find it helpful if a lawyer could explain the meaning of an ''Act of Sederunt'', because I seriously want to know what I am being asked to agree to.
Mr. Boris Johnson: I am not a lawyer, but sederunt means ''they sat down''.
Mr. Grieve: I shall wait to be enlightened by the Minister, but I think that the word refers to the rules of court as promulgated in Scotland, which enable the Lord Justice Clerk, or whoever, to make a pronouncement in banco sitting with his fellow judges about what procedural rules will be introduced to implement that part of the Bill.
Mr. Foulkes: An Act of Sederunt is the technical term for civil court rules in Scotland. I hope that helps the Committee. I failed my O-level Latin, so I needed some help with the meaning.
Question put and agreed to.
Clause 157 ordered to stand part of the Bill.
New Clause 2
Seizure
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Recall and variation of order
'(1) The prosecutor and any other person affected by an order made under section 127 or 129 may apply to the court to vary or recall the order.
(2) On an application under this section the court—
(a) may vary the order;
(b) may recall the order.
(3) But in the case of an order under section 127—
(a) if the condition in section 121 which was satisfied was that proceedings were started or an application was made, the court must recall the order on the conclusion of the proceedings or of the application (as the case may be);
(b) if the condition which was satisfied was that an investigation was started or an application was to be made, the court must recall the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).'.—[Mr. Foulkes.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 4
Appeals
'(1) If on an application for an order under section 127 or 129 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision.
(2) If the court makes an order under section 127 or 129 the following persons may appeal to the Court of Session in respect of the court's decision—
(a) the prosecutor;
(b) any person affected by the order.
(3) If on an application for an order under section 136 the court decides not to make one, the person who applied for the order may appeal to the Court of Session against the decision.
(4) If the court makes an order under section 136, the following persons may appeal to the Court of Session in respect of the court's decision—
(a) the person who applied for the order;
(b) any person affected by the order;
(c) the administrator.
(5) The following persons may appeal to the Court of Session against a decision of the court on an application under section (Recall and variation of order)—
(a) the person who applied for the order in respect of which the application was made;
(b) any person affected by the court's decision;
(c) the administrator.
(6) On an appeal under this section the Court of Session may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.'.—[Mr. Foulkes.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 6
Time for making order
'A confiscation order must be made before the court sentences the accused for the offence (or any of the offences) concerned.'.—[Mr. Foulkes.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
Inadequacy of available amount:
discharge of order (No. 2)
(1) This section applies if—
(a) a court has made a confiscation order,
(b) the prosecutor applies to the court to discharge the order under this section, and
(c) the amount remaining to be paid under the order is less than £1,000.
(2) In such a case the court must calculate the available amount, and in doing so it must apply section (J804) as if references to the time the consfiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.
(3) If the court—
(a) finds that the available amount (as so calculated) is inadequate to meet the amounts remaining to be paid, and
(b) is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,
it may discharge the confiscation order.
(4) The specified reasons are—
(a) in a case where any of the realisable property is situated in Scotland and consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;
(b) any reason specified by the Scottish Ministers.
(5) The Scottish Ministers may by order vary the amount for the time being specified in subsection (1)(c).'—[Mr. Foulkes.]
Brought up, read the First and Second time, and added to the Bill.
Further consideration adjourned.—[Mrs. McGuire.]
Adjourned accordingly at four minutes to Five o'clock till Tuesday 11 December at half-past Ten o'clock.
The following Members attended the Committee:
McWilliam, Mr. John (Chairman)
Ainsworth, Mr. Bob
Brooke, Mrs.
Carmichael, Mr.
Clark, Mrs. Helen
David, Mr.
Davidson, Mr.
Field, Mr. Mark
Foulkes, Mr.
Grieve, Mr.
Harris, Mr. Tom
Hawkins, Mr.
Johnson, Mr. Boris
Lazarowicz, Mr.
Lucas, Ian
McCabe, Mr.
McGuire, Mrs.
Robertson, John
Stinchcombe, Mr.
Stoate, Dr.
Tredinnick, Mr.
Wilshire, Mr.
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