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John McDonnell
Not called 115
| | Page 2, line 23 [Clause 2], after 'fraud', insert 'or prohibitions and restrictions'. |
John McDonnell
Not called 116
| | Page 2, line 24 [Clause 2], after 'fraud', insert 'or prohibitions or restrictions'. |
John McDonnell
Not called 117
| | Page 2, line 27 [Clause 2], after 'fraud', insert 'or prohibitions or restrictions'. |
John McDonnell
Not called 118
| | Page 2, line 32 [Clause 2], at end insert ', and "prohibitions and restrictions" are those enforced by the Commissioners'. |
Mr Secretary Clarke
Agreed to 63
| | Page 4, line 33 [Clause 6], at end insert 'and |
| (d) | the financial resources that are expected to be available to SOCA for that year.'. |
Mr Secretary Clarke
Agreed to 64
| | Page 5, line 31 [Clause 7], leave out subsection (5). |
Mr Secretary Clarke
Agreed to 65
| | Page 5, line 34 [Clause 7], at end insert— |
| '(7) | The Secretary of State must lay a copy of the annual report before Parliament. |
| (8) | The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.'. |
John McDonnell
Not called 119
| | Page 6, line 4 [Clause 9], after 'SOCA', insert ', including staff representatives'. |
John McDonnell
Not called 126
| | Page 6, line 12 [Clause 10], at end insert 'subject to sufficient staff resources and training arrangements'. |
John McDonnell
Not called 120
| | Page 6, line 26 [Clause 11], after 'SOCA', insert ', including staff representatives'. |
John McDonnell
Not called 121
| | Page 8, line 2 [Clause 13], after 'take', insert 'after due consultation with staff representatives'. |
John McDonnell
Not called 122
| | Page 8, line 45 [Clause 14], after 'it', insert 'after due internal consultation with staff representatives'. |
John McDonnell
Not called 123
| | Page 9, line 15 [Clause 15], at end insert 'after due internal consultation with staff representatives'. |
John McDonnell
Not called 127
| | Page 13, line 14 [Clause 24], at end insert 'subject to provision of appropriate training and adherence to health and safety considerations for SOCA staff'. |
Mr Secretary Clarke
Agreed to 66
| | Page 21, line 41 [Clause 37], at end insert— |
| '(3) | The chief officer of a special police force must keep SOCA informed of any information relating to crime that he has become aware of in his capacity as chief officer and appears to him to be likely to be relevant to the exercise by SOCA of any of its functions.'. |
Mr Secretary Clarke
Agreed to 69
| | Page 24, line 38 [Clause 44], after 'or', insert 'the' . |
Mr Secretary Clarke
Agreed to 70
| | Page 25, line 13 [Clause 45], after 'and', insert 'the'. |
Mr Secretary Clarke
Agreed to 71
| | Page 26, line 27 [Clause 46], leave out 'that section' and insert 'Schedule 1 to that Act (which lists such matters)'. |
Mr Secretary Clarke
Agreed to 72
| | Page 32, line 39 [Clause 59], leave out from second 'that' to end of line 40 and insert 'an offence to which this Chapter applies has been committed'. |
Mr Secretary Clarke
Agreed to 73
| | Page 32, line 41 [Clause 59], leave out 'some other' and insert 'any'. |
Mr Secretary Clarke
Agreed to 74
| | Page 33, line 2 [Clause 59], leave out 'other'. |
Mr Secretary Clarke
Agreed to 75
| | Page 33, line 6 [Clause 59], leave out 'other'. |
Mr Secretary Clarke
Agreed to 76
| | Page 33, line 7 [Clause 59], leave out subsection (2). |
Mr Secretary Clarke
Agreed to 77
| | Page 33, line 20 [Clause 59], after 'SOCA', insert 'who is for the time being designated under section 41'. |
Mr Secretary Clarke
Agreed to 78
| | Page 35, line 12 [Clause 61], leave out paragraph (b) and insert— |
| '(b) | the requirement is made by, or in accordance with a specific authorisation given by, the Investigating Authority.'. |
Mr Secretary Clarke
Agreed to 79
| | Page 37, line 37 [Clause 65], leave out from 'applies)' to end of line 1 on page 38 and insert 'after paragraph 73E (inserted by the Human Tissue Act 2004 (c.30)) insert—'. |
Mr Secretary Clarke
Agreed to 39
| | Page 43, line 6 [Clause 72], leave out from '(1)' to 'may' in line 7 and insert 'A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3)'. |
Mr Secretary Clarke
Agreed to 40
| | Page 43, line 33 [Clause 72], leave out 'If the order is made by the Crown Court,' and insert 'Otherwise,'. |
Mr Secretary Clarke
Agreed to 41
| | Page 43, line 37 [Clause 73], leave out from '(1)' to second 'may' in line 38 and insert 'A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3)'. |
Mr Secretary Clarke
Agreed to 42
| | Page 44, line 16 [Clause 73], after 'Court' insert 'of Justiciary'. |
Mr Secretary Clarke
Agreed to 43
| | Page 44, line 41 [Clause 74], leave out '51 weeks (or, in Scotland, 12 months), or' and insert— |
| '(i) | in England and Wales, 51 weeks, |
| (ii) | in Scotland, 12 months, |
| (iii) | in Northern Ireland, 6 months, or'. |
Mr Secretary Clarke
Agreed to 44
| | Page 45, line 10 [Clause 75], leave out 'convicted' and insert 'sentenced'. |
Mr Secretary Clarke
Agreed to 45
| | Page 45, line 12 [Clause 75], after 'area', insert '(or in Northern Ireland for the same county court division)'. |
Mr Secretary Clarke
Agreed to 46
| | Page 45, line 14 [Clause 75], leave out 'Subsection (4) does' and insert 'Subsections (3) and (4) do'. |
Mr Secretary Clarke
Agreed to 53
| | Page 48, line 22 [Clause 82], leave out 'of the persons mentioned in subsection (3)' and insert 'person'. |
Mr Secretary Clarke
Agreed to 54
| | Page 48, line 31 [Clause 82], leave out 'of the persons mentioned in subsection (3)' and insert 'person'. |
Mr Secretary Clarke
Agreed to 55
| | Page 48, line 33 [Clause 82], leave out subsection (3). |
Mr Secretary Clarke
Agreed to 56
| | Page 49, line 44 [Clause 84], leave out 'of the persons mentioned in subsection (3)' and insert 'person'. |
Mr Secretary Clarke
Agreed to 57
| | Page 50, line 4 [Clause 84], leave out 'of the persons mentioned in subsection (3)' and insert 'person'. |
Mr Secretary Clarke
Agreed to 58
| | Page 50, line 6 [Clause 84], leave out subsection (3). |
Mr Secretary Clarke
Agreed to 80
| | Page 55, line 14 [Clause 92], leave out 'enactment' and insert 'provision of Part 2 or 4 of the 2002 Act or any other enactment relating to, or to things done under or for the purposes of, either (or any provision) of those Parts.'. |
Mr Secretary Clarke
Agreed to 81
| | Page 61, line 7 [Clause 93], leave out subsection (3). |
Mr Secretary Clarke
Agreed to 82
| | Page 62, line 39 [Clause 97], leave out 'is not unlawful under the criminal law of' and insert 'was not, at the time it occurred, unlawful under the criminal law then applying in'. |
Mr Secretary Clarke
Agreed to 83
| | Page 63, line 10 [Clause 97], leave out 'is not unlawful under the criminal law of' and insert 'was not, at the time it occurred, unlawful under the criminal law then applying in'. |
Mr Secretary Clarke
Agreed to 84
| | Page 63, line 22 [Clause 97], leave out 'is not unlawful under the criminal law of' and insert 'was not, at the time it occurred, unlawful under the criminal law then applying in'. |
Mr Secretary Clarke
Agreed to 85
| | Page 63, line 35 [Clause 97], leave out 'of' and insert 'applying in'. |
Mr Secretary Clarke
Agreed to 86
| | Page 64, line 1 [Clause 97], leave out 'of' and insert 'applying in'. |
Mr Secretary Clarke
Agreed to 87
| | Page 64, line 12 [Clause 97], leave out 'of' and insert 'applying in'. |
Mr Secretary Clarke
Agreed to 88
| | Page 65, line 7 [Clause 98], leave out '£100' and insert '£250'. |
Mr Secretary Clarke
Agreed to 47
| | Page 72, line 8 [Clause 104], after 'an', insert 'indictable'. |
Mr Secretary Clarke
Agreed to 48
| | Page 72, line 10 [Clause 104], after 'an', insert 'indictable'. |
Mr Secretary Clarke
Agreed to 49
| | Page 72, line 11 [Clause 104], after 'an', insert 'indictable'. |
Mr David Heath
Dr Evan Harris
Not called 113
| | Page 81, line 41, leave out Clause 114. |
Mr David Heath
Dr Evan Harris
Not called 114
| | Page 82, line 37, leave out Clause 115. |
Mr Alex Salmond
Pete Wishart
Annabelle Ewing
Angus Robertson
Mr Michael Weir
Not called 136
| | Page 90, line 13, leave out Clause 124. |
Mr Secretary Clarke
Agreed to 173
| | Page 90, line 18 [Clause 124], leave out 'or by the Scottish Ministers'. |
Mr Secretary Clarke
Agreed to 174
| | Page 90, line 23 [Clause 124], leave out subsection (4). |
Mr Secretary Clarke
Agreed to 175
| | Page 90, line 43 [Clause 124], leave out from beginning to end of line 2 on page 91. |
Mr Alex Salmond
Pete Wishard
Annabelle Ewing
Angus Robertson
Mr Michael Weir
Not called 137
| | Page 91, line 11 [Clause 125], leave out subsection (3). |
Mr Secretary Clarke
Agreed to 176
| | Page 91, line 20 [Clause 126], at end insert 'and |
| (c) | section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights).'. |
Mr Secretary Clarke
Agreed to 177
| | Page 91, line 33 [Clause 126], leave out 'an order under section 123' and insert— |
| '(a) | in relation to England and Wales or Northern Ireland, an order under section 123, or |
| (b) | in relation to Scotland, an order under section 124.'. |
Mr Secretary Clarke
Mr Alex Salmond
Pete Wishart
Annabelle Ewing
Angus Robertson
Mr Michael Weir
Agreed to 178
| | Page 91, line 34, leave out Clause 127. |
Mr Secretary Clarke
Agreed to 59
| | Page 98, line 39 [Clause 133], at end insert— |
| '( ) | An order under this section may make different provision for different purposes.'. |
Mr Secretary Clarke
Agreed to 89
| | Page 99, line 17 [Clause 135], leave out 'which is required to be registered' and insert 'to which subsection (1A) applies'. |
Mr Secretary Clarke
Agreed to 90
| | Page 99, line 21 [Clause 135], at end insert— |
| '(1A) | This subsection applies to a vehicle if— |
| (a) | vehicle excise duty is chargeable in respect of it, or |
| (b) | it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force.'. |
Mr Secretary Clarke
Agreed to 91
| | Page 100, line 20 [Clause 136], at end insert ', or |
| (b) | a person authorised by the Secretary of State for the purposes of this section (an "authorised person"). |
| (1A) | An authorised person exercising the power conferred by subsection (1) must, if so requested, produce evidence of his authority to exercise the power.'. |
Mr Secretary Clarke
Agreed to 92
| | Page 100 [Clause 136], leave out lines 34 to 37 and insert— |
| '(c) | the person produces appropriate evidence of the agreement to the constable or authorised person at the time of the request or he produces such evidence in person, at a police station specified by him at the time of the request— |
| (i) | within 7 days after the date of the request, or |
| (ii) | as soon as is reasonably practicable.'. |
Mr Secretary Clarke
Agreed to 93
| | Page 100, line 37 [Clause 136], at end insert 'and— |
| (d) | the person has reasonable grounds for believing, or it is reasonable for him to expect, that the person from whom the vehicle has been leased or hired is able to produce, or require the production of, the registration document.'. |
Mr Secretary Clarke
Agreed to 94
| | Page 100, line 37 [Clause 136], at end insert— |
| '(5A) | In subsection (5)(c) "appropriate evidence" means— |
| (a) | a copy of the agreement, or |
| (b) | such other documentary evidence of the agreement as is prescribed in regulations under this section.'. |
Mr Secretary Clarke
Agreed to 95
| | Page 100, line 39 [Clause 136], at end insert— |
| '(6A) | Where a requirement is imposed under subsection (1) by an authorised person a testing station provided under section 52(2) of the Road Traffic Act 1988 may be specified under subsection (4)(a) or (5)(c) instead of a police station.'. |
Mr Secretary Clarke
Agreed to 96
| | Page 100, line 39 [Clause 136], at end insert— |
| '(6B) | A person accused of an offence under this section is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception, but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.'. |
Mr Secretary Clarke
Agreed to 97
| | Page 101, line 1 [Clause 136], after 'regulations', insert— |
| '(a) | prescribing descriptions of evidence for the purposes of subsection (5A);'. |
Mr Secretary Clarke
Agreed to 98
| | Page 101, line 5, leave out Clause 137. |
Mr Secretary Clarke
Agreed to 179
| | Page 119, line 39 [Clause 155], leave out 'within the legislative competence of the Scottish Parliament' and insert— |
| '(a) | for the general purposes of this Act and would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament; or |
| (b) | for the purposes of, in consequence of, or for giving full effect to— |
| (i) | section 73, 139, 153 or Schedule 16, |
| (ii) | so far as extending to Scotland, any provision mentioned in section 160(4), |
| (iii) | so far as relating as mentioned in section 160(7), section 156(2) and Schedule 17, |
| (iv) | so far as having effect as mentioned in section 160(8)(a), section 91. |
| (a) | paragraph (b)(i) of subsection (5) in relation to section 153 or Schedule 16, or |
| (b) | paragraph (b)(iv) of that subsection, |
may be made only after consulting the Secretary of State.'.
Mr Secretary Clarke
Agreed to 50
| | Page 120, line 2 [Clause 156], at beginning insert— |
| '(1) | Schedule (Remaining minor and consequential amendments) makes provision for remaining minor and consequential amendments. |
Mr Secretary Clarke
Agreed to 60
| | Page 121, line 16 [Clause 160], after '141', insert '(Part 5 of the Police Act 1997: Northern Ireland),'. |
Mr Secretary Clarke
Mr Alex Salmond
Pete Wishard
Annabelle Ewing
Angus Robertson
Mr Michael Weir
Agreed to 180
| | Page 121, line 30 [Clause 160], leave out subsections (5) and (6). |
Mr Secretary Clarke
Agreed to 181
| | Page 122, line 22 [Clause 161], leave out subsections (2) to (7) and insert— |
| '(2) | Subject to the following provisions, this Act extends to England and Wales only. |
| (3) | The following extend also to Scotland— |
| (a) | sections 1 to 52, 54 and 55, |
| (b) | sections 57 to 65, 67, 74 to 91, 93 to 101, 102(1) and (4) and 103, |
| (e) | sections 135 to (Power to seize etc. vehicles driven without licence or insurance), 139(6), 141, 146(1) and (2), 147, 148(1) and (2), 149(2), (Part 5 of the Police Act 1997: Northern Ireland) and 153(1), |
| (f) | sections 154, 155, 158 to 160 and this section, |
| (g) | Schedules 1, 3, 5 and 16. |
| (4) | The following extend to Scotland only— |
| (a) | section 73 and 102(3), |
| (b) | sections 124 and 125(3), |
| (c) | sections 139(1) to (5), 149(1) and 153(2). |
| (5) | The following extend also to Northern Ireland— |
| (a) | sections 1 to 52, 54 and 55, |
| (b) | sections 65, 68 to 71, 74 to 101, 102(1), (2) and (4) and 103, |
| (d) | sections 123, 126 and 134, |
| (e) | sections 135(1), 136, 146(1) and (2), 147, 148, 149(2) and (Part 5 of the Police Act 1997: Northern Ireland), |
| (f) | sections 154, 155, 158 to 160 and this section, |
| (g) | Schedules 1, 3 and 5. |
| (6) | The following extend to Northern Ireland only— |
| (b) | section (Financial reporting orders: making in Northern Ireland), |
| (d) | Part 2 of Schedule 11. |
| (7) | The following have the same extent as the enactments to which they relate— |
| (a) | section 53(1) and Schedule 2, |
| (b) | section 56 and Schedule 4, |
| (c) | section (Minor and consequential amendments relating to Chapter 6) and Schedule 6, |
| (d) | section 142 and Schedule 12, |
| (e) | section 143 and Schedule 13, |
| (f) | section 144(5) (so far as it has effect for the purposes of Part 2 of Schedule 14) and that Part of that Schedule, |
| (g) | section 146(3) and Schedule 15, |
| (h) | sections 151(5) and 152, |
| (i) | (subject to subsection (8)) section 156(2) and Schedule 17. |
| (8) | So far as Schedule 17 contains a repeal or revocation of an enactment which corresponds to the repeal or revocation of that enactment by another provision of this Act, that Schedule and section 156(2) have the same extent as that other provision. |
| (9) | So far as they relate to any provision of this Act which extends to any place outside the United Kingdom, sections 154, 155, 159, 160 and this section also extend there. |
| (10) | Subsection (2) does not apply to the following— |
| (b) | any provision of Schedule 7 which makes provision as to its extent.'. |
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