S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Friday 7th January 2005
New Amendments handed in are marked thus *
STANDING COMMITTEE E
COMMISSIONERS FOR REVENUE AND CUSTOMS BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [16th December].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Thursday 16th December (Standing Order No. 83C):
That—
(1) the Committee recommends that the programme order of the House [8th December 2004] should be amended by substituting "18th January" for "13th January";
(2) during proceedings on the Commissioners for Revenue and Customs Bill, in addition to its first meeting on Tuesday 11th January at 9.25 a.m., the Standing Committee shall meet on Tuesday 11th January at 2.30 p.m., on Thursday 13th January at 9.25 a.m. and on Tuesday 18th January at 9.25 a.m.;
(3) the proceedings shall be taken in the order shown above and shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Tuesday 18th January:
Clauses 1 to 6; Schedule 1; Clauses 7 to 15; Schedule 2; Clauses 16 to 30; Schedule 3; Clauses 31 to 45; Schedule 4; Clauses 46 and 47; Schedule 5; Clauses 48 to 52; remaining proceedings on the Bill;
Dawn Primarolo has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].
Dawn Primarolo
5
Clause 2, page 2, line 4, at end insert—
'( ) Anything (including anything in relation to legal proceedings begun by or in relation to one officer of Revenue and Customs may be continued by or in relation to another.'.
Mr Andrew Tyrie
Mr David Ruffley
78
*Clause 5, page 3, line 16, at end add—
'(4) Insofar as an officer of Revenue and Customs is exercising a function which relates to Value Added Tax, subsection (1) shall not apply.'.
Mr Michael Fallon
Mr David Heathcoat-Amory
1
Page 3, line 42, leave out Clause 7.
Mr Michael Fallon
Mr David Heathcoat-Amory
2
Clause 10, page 5, line 20, leave out 'of a general nature'.
Mr Michael Fallon
Mr David Heathcoat-Amory
3
Clause 10, page 5, line 20, at end add 'and a copy of any such direction shall be placed in the Library of each House.'.
Mr Andrew Tyrie
Mr David Ruffley
79
*Clause 10, page 5, line 20, at end add 'except insofar as such directions conflict with the need for independence as laid down by section 1(4)'.
Dawn Primarolo
21
Schedule 2, page 27, line 17, at end insert—
| | | 'A power under any of the following provisions of the Taxes Management Act 1970 may be exercised only in connection with functions relating to matters to which section 6 above applies— |
(a) section 21 (stock jobbers' transactions),
(b) section 23 (copies of registers of securities), and
(c) section 24 (information about income from securities).'.
Dawn Primarolo
22
Schedule 2, page 27, line 18, leave out 'the Taxes Management Act 1970 (c.9)' and insert 'that Act'.
Dawn Primarolo
23
Schedule 2, page 28, leave out lines 12 to 14 and insert—
| '(1) | Article 85 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (application to customs and excise) shall not apply to investigations in connection with a matter to which section 6 above applies. |
| (2) | Section 6(4) above shall not have effect in relation to a function conferred by order under Article 85 of that Order.'. |
Dawn Primarolo
24
Schedule 2, page 29, line 21, after 'obtained', insert 'or is held'.
Dawn Primarolo
25
Schedule 2, page 29, line 27, after 'obtained', insert 'or is held'.
Dawn Primarolo
26
Schedule 2, page 29, line 32, leave out 'was obtained in the exercise of a function' and insert 'has not been held solely in the exercise of functions'.
Dawn Primarolo
27
Schedule 2, page 29, line 38, after 'obtained', insert 'or is held'.
Dawn Primarolo
28
Schedule 2, page 29, line 39, at end insert—
| | | Information may be supplied in accordance with paragraph 4(2) of Schedule 14 to the Terrorism Act 2000 (c.11) (exercise of officers' powers) only if the information has not been held solely in the exercise of functions relating to matters to which section 6 above applies.'. |
Dawn Primarolo
29
Schedule 2, page 30, line 5, after 'obtained', insert 'or is held'.
Dawn Primarolo
6
Clause 16, page 7, line 12, after 'international', insert 'or other'.
Dawn Primarolo
7
Clause 16, page 7, line 12, after 'Kingdom', insert 'or her Majesty's Government'.
Dawn Primarolo
82
*Clause 16, page 7, line 26, at end insert—
'(4A) In subsection (2) the reference to an enactment does not include—
| (a) | an Act of the Scottish Parliament or an instrument made under such an Act, or |
| (b) | an Act of the Northern Ireland Assembly or an instrument made under such an Act.'. |
Dawn Primarolo
8
Clause 17, page 7, line 31, at end insert 'in connection with a function of the Revenue and Customs'.
Mr Michael Fallon
Mr David Heathcoat-Amory
4
Clause 17, page 7, line 31, at end insert 'and at the time of their appointment shall make a declaration in the form set out in new Schedule [Form of declaration] before another official.'.
Dawn Primarolo
90
*Clause 17, page 7, line 38, at end insert 'or [Disclosure to prosecuting authority],'.
Dawn Primarolo
91
*Clause 17, page 7, line 39, leave out from 'civil' to end of line 40 and insert 'proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Revenue and Customs have functions,'.
Dawn Primarolo
92
*Clause 17, page 7, line 40, at end insert—
| '(ca) | which is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to matter in respect of which the Revenue and Customs have functions,'. |
Dawn Primarolo
45
Clause 17, page 8, line 1, after 'Constabulary', insert 'or the Scottish inspectors'.
Mr Andrew Tyrie
Mr David Ruffley
80
*Clause 17, page 8, line 9, at end insert—
'(4) A disclosure made under subsection (2) may only be made under terms which will preserve the confidentiality of the information involved in the disclosure.'.
Dawn Primarolo
46
Clause 17, page 8, line 22, at end insert 'and
| (d) | a reference to the Scottish inspectors has the same meaning as in section 23.'. |
Dawn Primarolo
83
*Clause 17, page 8, line 22, at end insert 'and
| (e) | a reference to an enactment does not include— |
| (i) | an Act of the Scottish Parliament or an instrument made under such an Act, or |
| (ii) | an Act of the Northern Ireland Assembly or an instrument made under such an Act.'. |
Dawn Primarolo
93
*Clause 18, page 8, line 24, at end insert 'revenue and customs'.
Dawn Primarolo
94
*Clause 18, page 8, line 27, at end insert—
'( ) In subsection (1) "revenue and customs information relating to a person" means information about, acquired as a result of, or held in connection with the exercise of a function of the Revenue and Customs (within the meaning given by section 17(4)(c)) in respect of the person; but it does not include information about internal administrative arrangements of Her Majesty's Revenue and Customs (whether relating to Commissioners, officers or others).'.
