|Amendments proposed to the Serious Organised Crime and Police Bill - continued||House of Commons|
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Addresses of chargees or mortgagees of companies|
Mr Andrew Mitchell
NC20To move the following Clause:
'The following section is inserted after section 723CB of the Companies Act 1985 as inserted by section [Names and addresses of members of companies: company application]
(1) Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied.
(2) That condition is that the individual
(4) Otherwise, he shall dismiss the application.
(5) Where a chargee confidentiality order is made under subsection (3) above the name and residential or business address of the chargee or mortgagee of the company that is the subject of the confidentiality order shall not be revealed to any person who may request either the company or Companies House access to such name and address save in prescribed circumstances.
(6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed by regulations.
(7) The Secretary of State may at any time revoke a chargee confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'.
Confidentiality orders: associated companies
Mr Andrew Mitchell
NC21To move the following Clause:
'The following sections is inserted after section 723CC of the Companies Act 1985 as inserted by section [Addresses of chargees or mortgagees of companies]
(1) Where a relevant confidentiality order is made in relation to a relevant company and the Secretary of State is satisfied that in relation to another company ('company A') the condition in subsection (2) below applies, he shall extend the operation of the order to that other company or make a further relevant confidentiality order (including a confidentiality order of a different kind) in relation to that other company, as the case may be.
(2) The conditition is that the availability for inspection or disclosure by members of the public of the particulars of the appropriate individual's usual residential or business address in a document relating to company A which is, by virtue of this Act required to be available for such inspection or disclosure, creates (or if an order is not extended or made under this section) is likely to create a serious risk that the individual, or a person who lives with him, or an employee of his will be subject to violence or intimidation.
(4) The Secretary of State shall give the applicant notice of his decision under subsection (1); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed.
(5) The Secretary of State may at any time revoke a decision or a relevant confidentiality order made under this section if he is satisfied that such conditions as may be prescribed are satisfied.".'.
Director's confidentiality orders: directors etc.
Mr Andrew Mitchell
NC22To move the following Clause:
'(1) In section 723C(1) of the Companies Act 1985 (effect of confidentiality orders), the words "that were contained in a document delivered to the registrar after the order came into force" are replaced by "that are contained in a document delivered to the registrar at any time".
(2) In section 723D(3)(b) of that Act (construction of sections 723B and 723C) the words "after the order came into force" are replaced by "at any time".
(3) In section 723B(3), (7), (8)(d), (9), section 723C(1), (6)(a), (7)(a) and 723D(4) of that Act and in the headings to the said sections 723B and 723C, the words "confidentiality order" and "confidentiality orders" are replaced by "director's confidentiality order" and "director's confidentiality orders" as the case may be.".'.
Confidentiality orders: miscellaneous
Mr Andrew Mitchell
NC23To move the following Clause:
'(1) The following amendments are made to the Companies Act 1985.
(2) In section 709(1) (Inspection, etc of records kept by the registrar), "section 723B" is replaced by "sections 723B, 723CA, 723CB, 723CC and 723CD".
(3) In section 356, (inspection of register of members), after subsection (6), the following subsection is inserted
(6) In section 723D (construction of sections 723B and 723C)
Mr Dominic Grieve
NC24To move the following Clause:
'(1) In the Proceeds of Crime Act 2002, section 333 is amended as follows.
(2) In subsection (1)(a) after "has been made", insert "or knows that such a disclosure is going to be made".'.
49Clause 148, page 113, line 17, after 'section', insert '1(3),'.
Mr Andrew Mitchell
164Clause 148, page 113, line 18, at end insert
50Clause 154, page 116, line 11, at end insert
'( ) So far as they relate
51Clause 155, page 117, line 22, leave out 'and repeals made by Schedules 14 and' and insert 'made by Schedule'.
REMAINING NEW CLAUSESAggravated and mitigated offences
Mr Tony McWalter
NC25*To move the following Clause:
'(1) Provision shall be made for sentencing hearings to determine whether an offence should be regarded as aggravated or mitigated.
(2) Opportunities will be given to those who are victims of, or witnesses to, or who are interested parties in, an offence for which a person has been found guilty to make representations to the effect that the offence should be regarded as aggravated or as mitigated.
(3) A judge to whom representations are made to the effect that an offence should be regarded as aggravated or mitigated may convene a sentencing hearing.
(4) Prior to sentence, and after a determination that an accused person is guilty, the judge will make it clear to victims and witnesses that they have the right to submit that there be a sentencing hearing.
(5) Prior to a sentencing hearing, the judge will sentence the offender, but the judge has the power to direct that the sentence will be deemed provisional and subject to potential revision by a sentencing hearing.
(6) The outcome of a sentencing hearing may be
(8) Unless it is the express wish to those who are to make submissions to a sentencing hearing that their representation be heard in public, or in the presence of the offender, a sentencing hearing will be heard in camera and in the absence of the offender.
(9) Victims and witnesses may be accompanied to the hearing by a "Mackenzie friend", who can be their spokesperson if that is the wish of the person making representations.
(10) In this section "victim" means
ORDER OF THE HOUSE [7TH DECEMBER 2004]That the following provisions shall apply to the Serious Organised Crime and Police Bill:
Committal1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20th January.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of the interruption on that day.
Programming Committee6. Standing Order No. 83B (Programming committees) shall not apply to proceedings to a consideration and Third Reading.
Programming of proceedings7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
ORDER OF THE COMMITTEE [11th JANUARY 2005]That
(1) during proceedings on the Serious Organised Crime and Police Bill, in addition to its first meeting at 9.25 a.m. on Tuesday 11th January, the Standing Committee shall meet at
(3) proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 6.55 p.m. on Thursday 20th January.
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