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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    83

 

              (c)             in the entry for section 94A of that Act, in column 2, at the end there

is inserted “or 109B”,

              (d)             in the entry for section 99B(11) of that Act—

                    (i)                   in column 1, at the end there is inserted “and that subsection

as applied by RTA section 109A(5)”,

5

                    (ii)                  in column 2, at the end there is inserted “or a requirement

under section 99B(6) or (7) as applied by section 109A(5)”,

              (e)             the entry for section 109 of that Act is omitted,

              (f)             before the entry for section 114 of that Act there is inserted—

 

“RTA section

Failure to

Summarily.

Level 3 on

    

10

 

109B(4)

deliver

 

the standard

    
  

Northern

 

scale.”

    
  

Ireland

      
  

licence to

      
  

Secretary of

      

15

  

State when

      
  

required by

      
  

notice under

      
  

section 109B.

      

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

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  34       The Criminal Justice (International Co-operation) Act 1990 is amended as

follows.

  35       Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of

evidence) are omitted.

  36                In section 5 (transfer of UK prisoner to give evidence or assist investigation

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overseas), after subsection (3) there is inserted—

              “(3A)                A warrant under this section has effect in spite of section 127(1) of the

Army Act 1955, section 127(1) of the Air Force Act 1955 or section

82A(1) of the Naval Discipline Act 1957 (restriction on removing

persons out of the United Kingdom who are serving military

30

sentences).”

  37       Schedule 1 (proceedings of nominated court) is omitted.

The Road Traffic (New Drivers) Act 1995 (c. 13)

  38       The Road Traffic (New Drivers) Act 1995 is amended as follows.

  39       In section 2 (surrender of licences), at the end there is inserted—

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              “(6)                In this section and section 3 “licence” includes a Northern Ireland

licence.”

  40       In section 3 (revocation of licences)—

              (a)             after subsection (1) there is inserted—

                    “(1A)                      Where the Secretary of State serves on the holder of a

40

Northern Ireland licence a notice under subsection (1), the

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    84

 

Secretary of State must send to the licensing authority in

Northern Ireland—

                           (a)                          particulars of the notice; and

                           (b)                          the Northern Ireland licence.

                    (1B)                      Where the Secretary of State is sent by that licensing

5

authority particulars of a notice served on the holder of a

licence under a provision of Northern Ireland law

corresponding to subsection (1), he must by notice served on

the holder revoke the licence.”,

              (b)             in subsection (2), after “subsection (1)” there is inserted “or (1B)”,

10

              (c)             at the end, there is inserted—

                    “(3)                      In this section references to the revocation of a person’s

Northern Ireland licence are references to its revocation as

respects Great Britain; and, accordingly, the person ceases to

be authorised by virtue of section 109(1) of the Road Traffic

15

Act 1988 to drive in Great Britain a motor vehicle of any

class.”

  41       In section 4 (re-testing)—

              (a)             in subsection (1)—

                    (i)                   for “section 3(1)” there is substituted “section 3”,

20

                    (ii)                  after “full licence” (in the second place it occurs) there is

inserted “or (as the case may be) full Northern Ireland

licence”,

              (b)             after subsection (1) there is inserted—

                    “(1A)                      Subject to subsection (5), the Secretary of State may not under

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that Part grant a person whose Northern Ireland licence has

been revoked under a provision of Northern Ireland law

corresponding to section 3(1) a full licence to drive any class

of vehicles in relation to which the revoked licence was

issued as a full Northern Ireland licence unless he satisfies the

30

Secretary of State as mentioned in subsection (1).”,

              (c)             in subsections (2) and (3), at the end there is inserted “or (as the case

may be) full Northern Ireland licence”,

              (d)             in subsection (5)—

                    (i)                   for “Subsection (1) does” there is substituted “Subsections (1)

35

and (1A) do”, and

                    (ii)                  for “section 3(1)” there is substituted “section 3 or whose

Northern Ireland licence has been revoked under a provision

of Northern Ireland law corresponding to section 3(1)”.

  42       In section 5 (restoration of licence without re-testing in certain cases)—

40

              (a)             in subsections (1), (4) and (6), for “section 3(1)” there is substituted

“section 3”,

              (b)             in subsections (3)(a) and (4)(c), after “section 2” there is inserted “or

(as the case may be) the provision of Northern Ireland law

corresponding to that section”,

45

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    85

 

              (c)             at the end there is inserted—

                    “(11)                      Nothing in this section applies in relation to a person whose

Northern Ireland licence has been revoked under section

3(1).”

  43       In section 7 (early termination of probationary period)—

5

              (a)             in paragraph (b), for “section 3(1)” there is substituted “section 3”,

              (b)             in paragraph (c)—

                    (i)                   for “paragraph 5(1)” there is substituted “paragraph 5”,

                    (ii)                  for “paragraph 8(1)” there is substituted “paragraph 8”.

  44       In section 9 (interpretation), after subsection (2) there is inserted—

10

              “(2A)                In this Act—

                                      “full Northern Ireland licence” means a Northern Ireland

licence other than a Northern Ireland provisional licence,

                                      “Northern Ireland provisional licence” means a Northern

Ireland licence which corresponds to a provisional licence.”

15

  45       Schedule 1 (newly qualified drivers holding test certificates) is amended as

follows.

  46       In paragraph 1, at the end there is inserted—

          “(3)                                   In this Schedule “licence” includes a Northern Ireland licence, “full

licence” includes a full Northern Ireland licence and “provisional

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licence” includes a Northern Ireland provisional licence.

          (4)                                   In relation to the holder of a Northern Ireland licence, the

following sub-paragraphs have effect for the purposes of this

Schedule.

          (5)                                   References to a test certificate are references to a certificate or other

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document (in this Schedule referred to as a “Northern Ireland test

certificate”) which is evidence that he has not more than two years

previously passed a Northern Ireland test of competence to drive

corresponding to the test mentioned in sub-paragraph (1).

          (6)                                   References to prescribed conditions are references to conditions

30

subject to which the Northern Ireland provisional licence was

granted.”

  47       In paragraph 2, after sub-paragraph (4) there is inserted—

          “(4A)                                   In relation to the holder of a Northern Ireland licence, the

reference in sub-paragraph (4)(b) to section 98(2) of the Road

35

Traffic Act 1988 is a reference to the corresponding provision

under the law of Northern Ireland.”

  48       In paragraph 5—

              (a)             after sub-paragraph (1) there is inserted—

                 “(1A)                                               Where the Secretary of State serves on the holder of a

40

Northern Ireland licence a notice under sub-paragraph (1),

the Secretary of State must send to the licensing authority

in Northern Ireland particulars of the notice together with

the Northern Ireland test certificate.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    86

 

                 (1B)                                               Where the Secretary of State is sent by that licensing

authority particulars of a notice served on the holder of a

licence under a provision of Northern Ireland law

corresponding to sub-paragraph (1), he must by notice

served on that person revoke his test certificate.”,

5

              (b)             in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “or

(1B)”,

              (c)             at the end there is inserted—

                 “(4)                                               In this paragraph and paragraph 8 references to the

revocation of a person’s Northern Ireland test certificate

10

are references to its revocation as respects Great Britain.

                 (5)                                               The effect of the revocation of a person’s Northern Ireland

test certificate as respects Great Britain is that any

prescribed conditions to which his Northern Ireland

provisional licence ceased to be subject when he became a

15

qualified driver shall again apply for the purposes of

section 109(1) of the Road Traffic Act 1988.”

  49       In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is

substituted “paragraph 5, or whose Northern Ireland test certificate has been

revoked under a provision of Northern Ireland law corresponding to

20

paragraph 5(1),”.

  50       In paragraph 8—

              (a)             after sub-paragraph (1) there is inserted—

                 “(1A)                                               Where the Secretary of State serves on the holder of a

Northern Ireland licence a notice under sub-paragraph (1),

25

the Secretary of State must send to the licensing authority

in Northern Ireland particulars of the notice together with

the Northern Ireland licence and the Northern Ireland test

certificate.

                 (1B)                                               Where the Secretary of State is sent by that licensing

30

authority particulars of a notice served on the holder of a

licence under a provision of Northern Ireland law

corresponding to sub-paragraph (1), he must by notice

served on that person revoke his licence and test

certificate.”,

35

              (b)             in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “or

(1B)”,

              (c)             at the end there is inserted—

                 “(3)                                               In this paragraph references to the revocation of a person’s

Northern Ireland licence are references to its revocation as

40

respects Great Britain; and, accordingly, the person ceases

to be authorised by virtue of section 109(1) of the Road

Traffic Act 1988 to drive in Great Britain a motor vehicle of

any class.”

  51       In paragraph 9—

45

              (a)             in sub-paragraph (1), for “paragraph 8(1)” there is substituted

“paragraph 8, or whose Northern Ireland licence and Northern

Ireland test certificate have been revoked under a provision of

Northern Ireland law corresponding to paragraph 8(1),”,

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

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              (b)             in sub-paragraph (4)(b)(i), after “1988” there is inserted “, or under a

provision of Northern Ireland law corresponding to that section,”.

  52       In paragraph 10(a)—

              (a)             for “paragraph 5(1)” there is substituted “paragraph 5 (or a person’s

Northern Ireland test certificate has been revoked under a provision

5

of Northern Ireland law corresponding to paragraph 5(1))”,

              (b)             for “paragraph 8(1)” there is substituted “paragraph 8 (or a person’s

Northern Ireland licence and Northern Ireland test certificate have

been revoked under a provision of Northern Ireland law

corresponding to paragraph 8(1))”.

10

  53       In paragraph 11—

              (a)             in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and

“paragraph 8(1)” there is substituted “paragraph 5” and “paragraph

8” respectively,

              (b)             in sub-paragraph (1)(d), after “section 2” there is inserted “or (as the

15

case may be) the provision of Northern Ireland law corresponding to

that section”.

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

  54       The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as

follows.

20

  55       In section 28 (powers of investigation)—

              (a)             in subsection (8), for the words from “by the” to the end there is

substituted “by virtue of section 27(2) of this Act shall be given to the

overseas authority which requested it or to the Lord Advocate for

forwarding to that authority”,

25

              (b)             subsection (9) is omitted,

              (c)             in subsection (10), for “transmitted” (in both places) there is

substituted “forwarded”.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

  56       The Criminal Procedure (Scotland) Act 1995 is amended as follows.

30

  57       In section 210(1)(c) (consideration, in passing sentence of imprisonment or

detention, of time spent in custody), at the end there is inserted “so however

that a period of time spent both in custody on remand and, by virtue of

section 47(1) of the Crime (International Co-operation) Act 2003, abroad is

not for any reason to be discounted in a determination under paragraph (a)

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above or specification under paragraph (b) above”.

The United Nations Personnel Act 1997 (c. 13)

  58       The United Nations Personnel Act 1997 is amended as follows.

  59       In section 5 (supplementary provisions), in subsections (1) and (2), for “and

the Nuclear Material (Offences) Act 1983” there is substituted “, the Nuclear

40

Material (Offences) Act 1983 and the Terrorism Act 2000”.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

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The Data Protection Act 1998 (c. 29)

  60       The Data Protection Act 1998 is amended as follows.

  61       In section 28(1) (national security), for “section” there is substituted “sections

54A and”.

  62       In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12”

5

there is inserted “section 54A and”.

  63       In section 63(5) (application to the Crown), for “section” there is substituted

“sections 54A and”.

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

  64       The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

10

  65       In section 146 (driving disqualification for any offence)—

              (a)             in subsection (4), the “or” at the end of paragraph (a) is omitted and

after that paragraph there is inserted—

                           “(aa)                             in the case where he holds a Northern Ireland licence

(within the meaning of Part 3 of the Road Traffic Act

15

1988), his Northern Ireland licence and its counterpart

(if any); or”,

              (b)             in subsection (5), in the definition of “counterpart”, the “and” at the

end of paragraph (a) is omitted and after that paragraph there is

inserted—

20

                             “(aa)                               in relation to a Northern Ireland licence, has the

meaning given by section 109A of that Act; and”.

  66       In section 147 (driving disqualification where vehicle used for purposes of

crime), in subsection (5), the “or” at the end of paragraph (a) is omitted and

after that paragraph there is inserted—

25

                    “(aa)                      in the case where he holds a Northern Ireland licence (within

the meaning of Part 3 of the Road Traffic Act 1988), his

Northern Ireland licence and its counterpart (if any); or”.

The Terrorism Act 2000 (c. 11)

  67       The Terrorism Act 2000 is amended as follows.

30

  68       In section 121 (interpretation), in the definition of “premises”, before

“includes” (in the first place) there is inserted “, except in section 63D,”.

  69       In section 123 (orders and regulations), in subsection (2), after paragraph (b)

there is inserted—

                    “(ba)                      section 63C(3)(d);”.

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The Regulation of Investigatory Powers Act 2000 (c. 23)

  70       The Regulation of Investigatory Powers Act 2000 is amended as follows.

  71       In section 65 (investigatory powers tribunal)—

              (a)             in subsection (5)—

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    89

 

                    (i)                   after paragraph (c) there is inserted—

                                 “(ca)                                   the carrying out of surveillance by a foreign

police or customs officer (within the meaning

of section 76A);”,

                    (ii)                  in paragraph (d), at the beginning there is inserted “other”,

5

              (b)             after subsection (7), there is inserted—

                    “(7A)                      For the purposes of this section conduct also takes place in

challengeable circumstances if it takes place, or purports to

take place, under section 76A.”

  72       In section 78 (orders, regulations and rules), in subsection (3)(a), for “or

10

71(9)” there is substituted “, 71(9) or 76A(9)”.

Armed Forces Act 2001 (c. 19)

  73       In section 31 of the Armed Forces Act 2001 (power to make provision in

consequence of enactments relating to criminal justice), in subsection (7)—

              (a)             after “section” there is inserted “section 5 of the Criminal Justice

15

(International Co-operation) Act 1990 and”,

              (b)             for “is” there is substituted “are”.

The Proceeds of Crime Act 2002 (c. 29)

  74       The Proceeds of Crime Act 2002 is amended as follows.

  75       In section 376 (evidence overseas)—

20

              (a)             subsection (5) is omitted,

              (b)             in subsection (6), for the words preceding paragraph (a) there is

substituted “The person issuing a letter of request may send it”,

              (c)             for subsection (7) there is substituted—

                    “(7)                      Alternatively, the person issuing the letter of request may

25

send it to the Secretary of State for forwarding to the court,

tribunal or authority mentioned in subsection (6).

                    (7A)                      In a case of urgency, the person issuing the letter of request

may send it to—

                           (a)                          the International Criminal Police Organisation, or

30

                           (b)                          any body or person competent to receive it under any

provisions adopted under the Treaty on European

Union,

                                          for forwarding to the court, tribunal or authority mentioned

in subsection (6).”

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