S.C.E.
Amendment Paper as at
Thursday 13th January 2005
STANDING COMMITTEE E
COMMISSIONERS FOR REVENUE AND CUSTOMS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [11th January].
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).'.
Dawn Primarolo
47
Clause 21, page 11, line 30, after 'staff', insert—
| '(i) | except in relation to Scotland,'. |
Dawn Primarolo
48
Clause 21, page 11, line 32, at end insert—
| '(ii) | in relation to Scotland, is a reference to a member of staff who has been admitted as a solicitor and who holds a practising certificate.'. |
Dawn Primarolo
49
Clause 21, page 11, line 33, leave out subsection (6).
Dawn Primarolo
50
Clause 23, page 11, line 42, after 'Constabulary', insert 'or the Scottish inspectors'.
Dawn Primarolo
51
Clause 23, page 12, line 4, after 'may', insert —
| '(i) | in relation to Her Majesty's Inspectors of Constabulary,'. |
Dawn Primarolo
52
Clause 23, page 12, line 6, at end insert —
| '(ii) | in relation to the Scottish inspectors, apply (with or without modification) or make provision similar to any provision of section 33 or 34 of the Police (Scotland) Act 1967 (c.77) (inspection);'. |
Dawn Primarolo
53
Clause 23, page 12, line 14, after 'Constabulary', insert 'or the Scottish inspectors'.
Dawn Primarolo
54
Clause 23, page 12, line 17, at end insert —
'(3A) An inspection carried out by virtue of this section shall be carried out jointly by Her Majesty's Inspectors of Constabulary and the Scottish inspectors—
| (a) | if it is carried out wholly in Scotland, or |
| (b) | in a case where it is carried out partly in Scotland, to the extent that it is carried out there.'. |
Dawn Primarolo
55
Clause 23, page 12, line 24, at end insert 'or Scotland.
(6) In this section "the Scottish inspectors" means the inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967 (c.77).'.
Dawn Primarolo
56
Clause 25, page 13, line 2, after 'Constabulary', insert 'or the Scottish inspectors'.
Dawn Primarolo
57
Clause 25, page 13, line 30, leave out 'only'.
Dawn Primarolo
58
Clause 25, page 13, line 31, leave out second 'and'.
Dawn Primarolo
59
Clause 25, page 13, line 33, at end insert—
'(8) In the application of this section to Scotland the reference in subsection (6)(b) to 12 months shall be taken as a reference to six months.
(9) In this section "the Scottish inspectors" has the same meaning as in section 23.'.
Dawn Primarolo
60
Clause 29, page 14, line 33, at end insert—
'(4) In Scotland, a constable may arrest a person without warrant if he reasonably suspects that the person—
| (a) | has committed an offence under this Act, |
| (b) | is committing an offence under this Act, or |
| (c) | is about to commit an offence under this Act.'. |
Dawn Primarolo
84
Clause 29, page 14, line 33, at end insert—
'(5) In Northern Ireland, a constable may arrest a person without warrant if the constable reasonably suspects that the person—
| (a) | has committed an offence under this Act, |
| (b) | is committing an offence under this Act, or |
| (c) | is about to commit an offence under this Act.'. |
Dawn Primarolo
99
Schedule 3, page 30, line 26, leave out 'specify' and insert 'give details of—
(a) the nature and outcomes of prosecutions undertaken,'.
Mr Andrew Tyrie
Mr David Ruffley
81
Schedule 3, page 30, line 30, at end insert ', and
| (c) | statistics analysing the range and outcomes of prosecutions undertaken by the Director.'. |
Dawn Primarolo
63
Clause 32, page 16, line 8, at end insert—
'(4) A power of the Director under an enactment to institute proceedings may be exercised to institute proceedings in England and Wales only.'.
Dawn Primarolo
9
Clause 36, page 17, line 10, after 'Office', insert 'in connection with any of its functions,'.
Dawn Primarolo
10
Clause 36, page 17, line 17, at end insert—
'( ) does not apply to a disclosure made to Her Majesty's Revenue and Customs in connection with a function of the Revenue and Customs (within the meaning of section 21),'.
Dawn Primarolo
11
Clause 36, page 17, line 18, leave out 'criminal proceedings,' and insert 'a criminal investigation or criminal proceedings (whether or not within the United Kingdom),'.
Dawn Primarolo
12
Clause 36, page 17, line 19, at end insert—
'( ) does not apply to a disclosure which in the opinion of the Director is desirable for the purpose of safeguarding national security,'.
Dawn Primarolo
95
Clause 36, page 17, line 24, at end insert—
'( ) Subsection (3) does not apply to the disclosure of information about internal administrative arrangements of the Revenue and Customs Prosecutions Office (whether relating to a member of the Office or to another person).'.
Dawn Primarolo
85
Clause 36, page 18, line 5, at end insert—
'(10) 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
13
Clause 41, page 19, line 20, leave out 'sums' and insert 'revenue'.
Dawn Primarolo
14
Clause 41, page 19, line 21, leave out 'sums' and insert 'revenue'.
Dawn Primarolo
15
Clause 41, page 19, line 23, leave out 'property accepted' and insert 'liabilities satisfied by the acceptance of property'.
Dawn Primarolo
16
Clause 45, page 21, line 35, leave out 'or other instrument' and insert', instrument or other document'.
Dawn Primarolo
17
Clause 45, page 21, line 40, leave out 'or other instrument' and insert', instrument or other document'.
Dawn Primarolo
18
Clause 45, page 21, line 44, leave out 'or other instrument' and insert', instrument or other document'.
Dawn Primarolo
19
Clause 45, page 22, line 21, after 'instruments', insert 'and documents'.
Dawn Primarolo
61
Schedule 4, page 31, line 29, at end insert—
| 3A | | In section 11 of the Game Laws Amendment (Scotland) Act 1877 (no person to be prosecuted again for same offence) for "the Inland Revenue" substitute "a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 except for paragraphs 2, 10, 13, 14, 15, 17, 19, 28, 29 and 30.".'. |
