Vote Bundle Text (950118-06)

Amendments proposed to the Serious Organised Crime and Police Bill - continued	House of Commons

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Racial and religious hatred (No. 2)

Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly

NC17

To move the following Clause:—

'In section 17 of the Public Order Act 1986 (meaning of "racial hatred"), at the end there is inserted—

"(2)	The threat, abuse or insults that are relevant for the purposes of this Part are not restricted to those that are expressly directed against such a group if—

(a)	he threatens those who hold a particular religious belief which is associated (wholly or partly) with the group, and

(b)	the threat is likely to stir up hatred of the group.".'.

Names and addresses of members of companies: individual application

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC18

To move the following Clause:—

'The following section is inserted after section 723C of the Companies Act 1985—

"723CA Individual members' confidentiality orders

(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—

(a)	is or proposes to become a member of a relevant company; and

(b)

considers that the availability for inspection by members of the public of particulars of his name and usual residential or business address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him or is an employee of his will be subjected to violence or intimidation ("a serious risk").

(3) Where, on an application made by an individual under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of the individual's usual residential address creates or (if an order is not 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 subjected to violence or intimidation, he shall make an order under this section ("an individual member's confidentiality order") in relation to him.

(4) Otherwise, he shall dismiss the application.

(5) At any time when an individual member's confidentiality order is in force in relation to an individual the name and address of the individual in the register of members of the company which is the subject of the confidentiality order shall not be disclosed to any person who may request either the company or Companies House disclosure of 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.

(7) The Secretary of State may at any time revoke an individual member's confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'.

Names and addresses of members of companies: company application

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC19

To move the following Clause:—

Names and addresses of members of companies: individual application

Company members confidentiality orders

(1) Subject to the provisions of this section, a company 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 company considers that the availability for inspection by members of the public of particulars of the names and usual residential or business addresses of the members of the company creates, or (if an order is not made under this section) is likely to create, a serious risk that a member of the company or a person who lives with or is an employee of a member of the company will be subjected to violence or intimidation ("a serious risk").

(3) Where, on an application made by a company under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of that company's members' usual residential addresses creates or (if an order is not made under this section) is likely to create a serious risk that a member, or a person who lives with him, or an employee of his will be subjected to violence or intimidation, he shall make an order under this section ("a company members confidentiality order") in relation the company.

(4) Otherwise, he shall dismiss the application.

(5) At any time when a company members confidentiality order is in force in relation to a company, the name and address of any individual in the register of members of the company that is the subject of the confidentiality order, shall not be disclosed to any person who may request either the company or Companies House disclosure of such names and addresses save in prescribed circumstances.

(7) The Secretary of State may at any time revoke a company members confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'.

Addresses of chargees or mortgagees of companies

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC20

To 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]—

Chargee confidentiality orders

(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—

(a)	is or proposes to become a chargee or mortgagee of a relevant company; and

(b)

consideres that the availability for inspection by members of the public of particulars of his or its name and usual residential or business address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him or is an employee of his or it will be subjected to violence or intimidation ('the serious risk').

(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.

(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
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

NC21

To 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]—

Confidentiality orders: associated 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.".'.