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Serious Organised Crime and Police Bill


Serious Organised Crime and Police Bill
Schedule 5 — Persons specified for the purposes of section 74

157

 

and (d) substitute—

“(c)   

the Serious Organised Crime Agency.”

196        

In section 95(2) (supply of information by Secretary of State) for paragraphs

(b) and (c) substitute—

“(b)   

the Serious Organised Crime Agency.”

5

Criminal Justice Act 2003 (c. 44)

197        

In section 29(5) of the Criminal Justice Act 2003 (persons who may institute

criminal proceedings by written charge) after paragraph (c) insert—

“(ca)   

the Director General of the Serious Organised Crime

Agency or a person authorised by him to institute criminal

10

proceedings;”.

Energy Act 2004 (c. 20)

198        

The Energy Act 2004 has effect subject to the following amendments.

199        

In section 59(3) (members of civil nuclear constabulary serving with other

forces)—

15

(a)   

in the definition of “chief officer” omit paragraphs (c) and (d), and

(b)   

in the definition of “relevant force” omit paragraphs (c) and (d).

200        

After section 59 insert—

“59A    

Constables serving with Serious Organised Crime Agency

(1)   

A member of the Constabulary serving with the Serious Organised

20

Crime Agency under arrangements to which subsection (2) applies

shall—

(a)   

be under the direction and control of the Serious Organised

Crime Agency, and

(b)   

continue to be a constable.

25

(2)   

This subsection applies to arrangements made between the Serious

Organised Crime Agency and the chief constable.”

Domestic Violence, Crime and Victims Act 2004 (c. 28)

201        

In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004

(authorities within remit of Commissioner for Victims and Witnesses) for

30

paragraphs 13 and 14 substitute—

“13        

The Serious Organised Crime Agency.”

Schedule 5

Section 74

 

Persons specified for the purposes of section 74

1          

A person who is or might be, or who has been, a witness in legal

35

proceedings (whether or not in the United Kingdom).

2          

A person who is or has been a member of a jury.

 

 

Serious Organised Crime and Police Bill
Schedule 5 — Persons specified for the purposes of section 74

158

 

3          

A person who holds or has held judicial office (whether or not in the United

Kingdom).

4          

A person who is or has been a justice of the peace or who holds or has held

a position comparable to that of a justice of the peace in a place outside the

United Kingdom.

5

5          

A person who is or has been a member of an international tribunal which

has jurisdiction in criminal matters.

6          

A person who conducts or has conducted criminal prosecutions (whether

or not in the United Kingdom).

7          

A person who is or has been a constable.

10

8          

A person who is or has been designated under—

(a)   

section 38(1) of the Police Reform Act 2002 (c. 30) (police powers

for police authority employees);

(b)   

section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police

powers for designated police support staff).

15

9          

A person who is a police custody and security officer (within the meaning

of section 9(1A) of the Police (Scotland) Act 1967 (c. 77)) of a police

authority in Scotland.

10         

A person who—

(a)   

is or has been an officer of Revenue and Customs;

20

(b)   

has been a member of staff of Her Majesty’s Customs and Excise.

11         

A person who is or has been a person appointed as an immigration officer

under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

12         

A person who is or has been a member of staff of SOCA.

13    (1)  

A person who has been the Director General of the National Criminal

25

Intelligence Service or the Director General of the National Crime Squad.

      (2)  

A person who has been under the direction and control of the Director

General of the National Criminal Intelligence Service or the Director General

of the National Crime Squad.

14    (1)  

A person who is or has been the Director of the Scottish Drug Enforcement

30

Agency.

      (2)  

A person who is or has been under the direction and control of the Director

of the Scottish Drug Enforcement Agency.

15    (1)  

A person who is or has been the Director of the Assets Recovery Agency.

      (2)  

A person who is or has been a member of staff of the Assets Recovery

35

Agency or a person with whom the Director of that Agency has made

arrangements for the provision of services under section 1(4) of the

Proceeds of Crime Act 2002 (c. 29).

16         

A person who is or has been a prison officer.

17         

A person who is or has been a covert human intelligence source (within the

40

meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000

(c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland)

Act 2000 (asp 11)).

 

 

Serious Organised Crime and Police Bill
Schedule 6 — Minor and consequential amendments relating to section 90

159

 

18         

A person who is associated with a person specified in any of the preceding

paragraphs.

Schedule 6

Section 90

 

Minor and consequential amendments relating to section 90

Prescription and Limitation (Scotland) Act 1973 (c. 52)

5

1          

In section 19B(3) of the Prescription and Limitation (Scotland) Act 1973

(actions for recovery of property obtained through unlawful conduct etc.)—

(a)   

after paragraph (a) insert—

“(aa)   

an application is made for a prohibitory property

order, or”, and

10

(b)   

for “earlier” substitute “earliest”.

Limitation Act 1980 (c. 58)

2          

In section 27A(3) of the Limitation Act 1980 (time limits for bringing

proceedings for recovery order: when proceedings are brought)—

(a)   

after paragraph (a) insert—

15

“(aa)   

an application is made for a property freezing order,

or”, and

(b)   

for “earlier” substitute “earliest”.

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I.))

3          

In Article 72(3) of the Limitation (Northern Ireland) Order 1989 (time limits

20

for bringing proceedings for recovery order: when proceedings are

brought)—

(a)   

after paragraph (a) insert—

“(aa)   

an application is made for a property freezing order,

or”, and

25

(b)   

for “earlier” substitute “earliest”.

Proceeds of Crime Act 2002 (c. 29)

4          

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

5          

In section 82(f) (confiscation: England and Wales: property is free property

if order under section 246 etc. applies to it)—

30

(a)   

after “section” insert “245A,” and

(b)   

after “246,” insert “255A, 256,”.

6          

In section 148(f) (confiscation: Scotland: property is free property if order

under section 246 etc. applies to it)—

(a)   

after “section” insert “245A,” and

35

(b)   

after “246,” insert “255A, 256,”.

7          

In section 230 (confiscation: Northern Ireland: property is free property if

order under section 246 etc. applies to it)—

(a)   

after “section” insert “245A,” and

 

 

Serious Organised Crime and Police Bill
Schedule 6 — Minor and consequential amendments relating to section 90

160

 

(b)   

after “246,” insert “255A, 256,”.

8          

In section 243 (proceedings for recovery orders in England and Wales or

Northern Ireland), after subsection (4) insert—

“(5)   

Nothing in sections 245A to 255 limits any power of the court apart

from those sections to grant interim relief in connection with

5

proceedings (including prospective proceedings) under this

Chapter.”

9          

Before section 248 (and its heading) insert the following heading—

“Property freezing orders and interim receiving orders: registration”

           

10

10    (1)  

Section 248 (registration: England and Wales) is amended as follows.

      (2)  

In subsection (1)(a), for “interim receiving orders” substitute “property

freezing orders, and in relation to interim receiving orders,”.

      (3)  

In subsection (1)(b), for “interim receiving orders” substitute “property

freezing orders, and in relation to applications for interim receiving

15

orders,”.

      (4)  

In subsection (3), before “an interim receiving order” insert “a property

freezing order or”.

11    (1)  

Section 249 (registration: Northern Ireland) is amended as follows.

      (2)  

In subsection (1), after “applying for” insert “a property freezing order or”.

20

      (3)  

In subsection (1)(b), for “an interim receiving order” substitute “a property

freezing order, or an interim receiving order,”.

      (4)  

After subsection (1) insert—

“(1A)   

Upon being served with a copy of a property freezing order, the

Registrar must, in respect of any registered land to which a property

25

freezing order or an application for a property freezing order relates,

make an entry inhibiting any dealing with the land without the

consent of the High Court.”

      (5)  

In subsection (3), after “entry made under subsection” insert “(1A) or”.

      (6)  

In subsection (4)—

30

(a)   

after “Where” insert “a property freezing order or”, and

(b)   

after “setting aside the” insert “property freezing order or”.

12         

Before section 250 (and its heading) insert the following heading—

“Interim receiving orders: further provisions”

           

35

13    (1)  

Section 252 (interim receiving orders: prohibition on dealings) is amended

as follows.

 

 

Serious Organised Crime and Police Bill
Schedule 6 — Minor and consequential amendments relating to section 90

161

 

      (2)  

For subsection (4) (restriction on exclusions for legal expenses) substitute—

“(4)   

Where the court exercises the power to make an exclusion for the

purpose of enabling a person to meet legal expenses that he has

incurred, or may incur, in respect of proceedings under this Part, it

must ensure that the exclusion—

5

(a)   

is limited to reasonable legal expenses that the person has

reasonably incurred or that he reasonably incurs,

(b)   

specifies the total amount that may be released for legal

expenses in pursuance of the exclusion, and

(c)   

is made subject to the required conditions (see section 286A)

10

in addition to any conditions imposed under subsection (3).

(4A)   

The court, in deciding whether to make an exclusion for the purpose

of enabling a person to meet legal expenses of his in respect of

proceedings under this Part—

(a)   

must have regard (in particular) to the desirability of the

15

person being represented in any proceedings under this Part

in which he is a participant, and

(b)   

must, where the person is the respondent, disregard the

possibility that legal representation of the person in any such

proceedings might, were an exclusion not made, be funded

20

by the Legal Services Commission or the Northern Ireland

Legal Services Commission.”

      (3)  

In subsection (6) (power to make exclusions not to be exercised so as to

prejudice enforcement authority’s rights to recover property), after “must”

insert “, subject to subsection (4A),”.

25

14         

In section 266 (recovery orders), after subsection (8) insert—

“(8A)   

A recovery order made by a court in England and Wales or

Northern Ireland may provide for payment under section 280 of

reasonable legal expenses that a person has reasonably incurred, or

may reasonably incur, in respect of—

30

(a)   

the proceedings under this Part in which the order is made,

or

(b)   

any related proceedings under this Part.

(8B)   

If regulations under section 286B apply to an item of expenditure, a

sum in respect of the item is not payable under section 280 in

35

pursuance of provision under subsection (8A) unless—

(a)   

the enforcement authority agrees to its payment, or

(b)   

the court has assessed the amount allowed by the

regulations in respect of that item and the sum is paid in

respect of the assessed amount.”

40

15         

In section 271(4) (certain payments to trustee for civil recovery to be

reduced to take account of loss caused by interim receiving order etc.)—

(a)   

in paragraph (a), for “an interim receiving order or” substitute “a

property freezing order, an interim receiving order, a prohibitory

property order or an”, and

45

(b)   

in paragraph (b), for “interim receiving order or interim

administration order” substitute “order mentioned in paragraph

(a)”.

 

 

Serious Organised Crime and Police Bill
Schedule 6 — Minor and consequential amendments relating to section 90

162

 

16         

In section 272(5) (provision in recovery orders for compensation for loss

caused by interim receiving order etc.)—

(a)   

in paragraph (a), for “an interim receiving order or” substitute “a

property freezing order, an interim receiving order, a prohibitory

property order or an”, and

5

(b)   

in paragraph (b), for “interim receiving order or interim

administration order” substitute “order mentioned in paragraph

(a)”.

17         

In section 280(2) (application of realised proceeds of recovery order)—

(a)   

after paragraph (a) insert—

10

“(aa)   

next, any payment of legal expenses which, after

giving effect to section 266(8B), are payable under this

subsection in pursuance of provision under section

266(8A) contained in the recovery order,” and

(b)   

in paragraph (b), for “second” substitute “then”.

15

18         

In section 283 (compensation where interim receiving order etc. has

applied)—

(a)   

in subsection (1), for “an interim receiving order or” substitute “a

property freezing order, an interim receiving order, a prohibitory

property order or an”, and

20

(b)   

in subsection (5), for “interim receiving order or interim

administration order” substitute “order mentioned in subsection

(1)”.

19         

After section 286 insert—

“286A   

Legal expenses excluded from freezing: required conditions

25

(1)   

The Lord Chancellor may by regulations specify the required

conditions for the purposes of section 245C(5) or 252(4).

(2)   

A required condition may (in particular)—

(a)   

restrict who may receive sums released in pursuance of the

exclusion (by, for example, requiring released sums to be

30

paid to professional legal advisers), or

(b)   

be made for the purpose of controlling the amount of any

sum released in pursuance of the exclusion in respect of an

item of expenditure.

(3)   

A required condition made for the purpose mentioned in subsection

35

(2)(b) may (for example)—

(a)   

provide for sums to be released only with the agreement of

the enforcement authority;

(b)   

provide for a sum to be released in respect of an item of

expenditure only if the court has assessed the amount

40

allowed by regulations under section 286B in respect of that

item and the sum is released for payment of the assessed

amount;

(c)   

provide for a sum to be released in respect of an item of

expenditure only if—

45

(i)   

the enforcement authority agrees to its release, or

(ii)   

the court has assessed the amount allowed by

regulations under section 286B in respect of that item

 

 

Serious Organised Crime and Police Bill
Schedule 6 — Minor and consequential amendments relating to section 90

163

 

and the sum is released for payment of the assessed

amount.

(4)   

Before making regulations under this section, the Lord Chancellor

must consult such persons as he considers appropriate.

286B    

Legal expenses: regulations for purposes of section 267(8B) or

5

286A(3)

(1)   

The Lord Chancellor may by regulations—

(a)   

make provision for the purposes of section 267(8B);

(b)   

make provision for the purposes of required conditions that

make provision of the kind mentioned in section 286A(3)(b)

10

or (c).

(2)   

Regulations under this section may (in particular)—

(a)   

limit the amount of remuneration allowable to

representatives for a unit of time worked;

(b)   

limit the total amount of remuneration allowable to

15

representatives for work done in connection with

proceedings or a step in proceedings;

(c)   

limit the amount allowable in respect of an item of expense

incurred by a representative or incurred, otherwise than in

respect of the remuneration of a representative, by a party to

20

proceedings.

(3)   

Before making regulations under this section, the Lord Chancellor

must consult such persons as he considers appropriate.”

20         

In section 287 (financial threshold for starting proceedings), in subsections

(3) and (4) (threshold applies to applications made before proceedings

25

started but does not apply after proceedings started or application made),

for “an interim receiving order or” substitute “a property freezing order, an

interim receiving order, a prohibitory property order or an”.

21    (1)  

Section 316(1) (interpretation of Part 5) is amended as follows.

      (2)  

After the definition of “premises” insert—

30

““prohibitory property order” has the meaning given by

section 255A(2);

“property freezing order” has the meaning given by section

245A(2);”.

      (3)  

In paragraph (b) of the definition of “respondent”, for “an interim receiving

35

order or” substitute “a property freezing order, an interim receiving order, a

prohibitory property order or an”.

22    (1)  

Section 341(3) (when an investigation is not a civil recovery investigation)

is amended as follows.

      (2)  

After paragraph (a) insert—

40

“(aa)   

a property freezing order applies to the property in

question,”.

      (3)  

After paragraph (b) insert—

“(ba)   

a prohibitory property order applies to the property in

question,”.

45

 

 

 
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