|
| |
|
| |
“(c) | the Serious Organised Crime Agency.” |
| |
196 | In section 95(2) (supply of information by Secretary of State) for paragraphs |
| |
| |
“(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 |
| |
| |
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 |
| |
| 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 |
| |
| |
(a) | be under the direction and control of the Serious Organised |
| |
| |
(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.” |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
3 | A person who holds or has held judicial office (whether or not in the United |
| |
| |
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 |
| |
| 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 |
| |
| |
| |
(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 |
| |
(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) |
| |
| |
|
| |
|
| |
|
18 | A person who is associated with a person specified in any of the preceding |
| |
| |
| |
| |
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 |
| |
| 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, |
| |
| |
(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 |
| |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | an application is made for a property freezing order, |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
(4) | In subsection (3), before “an interim receiving order” insert “a property |
| |
| |
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”. |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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, |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(c) | provide for a sum to be released in respect of an item of |
| |
| 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 |
| |
|
| |
|
| |
|
and the sum is released for payment of the assessed |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
“property freezing order” has the meaning given by section |
| |
| |
(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) |
| |
| |
(2) | After paragraph (a) insert— |
| 40 |
“(aa) | a property freezing order applies to the property in |
| |
| |
(3) | After paragraph (b) insert— |
| |
“(ba) | a prohibitory property order applies to the property in |
| |
| 45 |
|
| |
|