05080.8-11

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

(  8  )

(c)
in relation to offences that would be likely to be prosecuted

in Northern Ireland, means the Director of Public

Prosecutions for Northern Ireland.

(6)
In relation to times before the Serious Organised Crime Agency begins to

carry out its functions, this section is to have effect as if—

(a)
the National Crime Squad were a police force; and

(b)
references, in relation to that Squad, to its chief officer were

references to its Director General.

(7)
In subsection (5)—

(a)
“the Scottish Drug Enforcement Agency” means the organisation

known by that name and established under section 36(1)(a)(ii) of

the Police (Scotland) Act 1967 (c. 77); and

(b)
“the Director” of that Agency means the person engaged on central

service (as defined by section 38(5) of that Act) and for the time

being appointed by the Scottish Ministers to exercise control in

relation to the activities carried out in the exercise of the Agency’s

functions.”
Clause 7
17
Leave out Clause 7
Clause 8
18
Leave out Clause 8
Clause 9
19
Page 10, line 28, leave out subsection (4)
20
Page 10, line 34, leave out paragraphs (a) to (c) and insert—

“( )
proceedings on an application to the court by any person for the

making, renewal, modification or revocation of a derogating

control order;

( )
proceedings on an application to extend the detention of a person

under section (Arrest and detention pending derogating control order);

( )
proceedings at or in connection with a hearing to determine

whether to confirm a derogating control order (with or without

modifications);

( )
proceedings on an appeal under section 7;”
21
Page 10, line 39, leave out “or derogation matter” and insert “, a derogation matter

or the arrest or detention of a person under section (Arrest and detention pending

derogating control order)”;
22
Page 11, line 1, leave out “Secretary of State” and insert “court”
23
Page 11, line 1, leave out from “exercise” to end of line 3 and insert “or performance

of any power or duty under any of sections 1 to (Criminal investigations after making

of control order) or for the purposes of or in connection with the exercise or

performance of any such power or duty;”
24
Page 11, line 14, after “order” insert “or of his arrest or detention under section

(Arrest and detention pending derogating control order)”;

(  9  )

Clause 10
25
Page 12, line 8, leave out “, but does not require leave” and insert “for which leave

has been granted”
26
Page 12, line 17, leave out “does not require leave under any provision of” and

insert “is to be treated as an appeal for which leave has been granted under”
Clause 11
27
Page 12, line 44, leave out subsections (2) to (6)
28
Page 13, line 14, leave out “make, renew, modify and revoke” and insert “make

application to the court for the making, renewing, modification and revoking of”
29
Page 13, line 14, at end insert “and

(b)
his powers to apply to the court for the making, renewal,

revocation or modification of derogating control orders;”
30
Page 13, leave out lines 19 to 22
After Clause 11
31
Insert the following new Clause—

“Review of Act

(1)
The Secretary of State shall appoint a committee to conduct a review of the

operation of this Act.

(2)
A person may be a member of the committee only if he is a member of the

Privy Council.

(3)
There shall be five members of the committee of whom one each will be

nominated by—

(a)
the Prime Minister;

(b)
the Leader of the Opposition in the House of Commons;

(c)
the Leader of the Liberal Democrats in the House of Commons;

(d)
the Convenor of the Crossbench peers in the House of Lords;

(e)
the Lord Chief Justice of England and Wales.

(4)
The Secretary of State may not refuse any nomination made under

subsection (3).

(5)
The committee shall complete a review and send a report to the Secretary

of State—

(a)
not earlier than the end of four months beginning with the day on

which this Act is passed; and

(b)
not later than the end of eight months beginning with the day on

which this Act is passed.

(6)
The Secretary of State shall lay a copy of the report before Parliament as

soon as is reasonably practicable.

(7)
The Secretary of State may make payments to persons appointed as

members of the committee.”
32
Insert the following new Clause—

(  10  )

“Effect of report

(1)
A report under section (Review of Act) must consider the operation and

effectiveness of the Act as a whole and any issues arising from the

operation of individual control orders, and may make such

recommendations as the committee sees fit including recommendations for

future legislation.

(2)
Any recommendation made under subsection (1) shall not affect the

operation of section (Limitation).”
33
Insert the following new Clause—

“Limitation

This Act and any order made under it shall by virtue of this section cease

to have effect on 30th November 2005.”
Clause 12
34
Page 13, line 34, at end insert—

““control order” has the meaning given by section 1(1A)”
35
Page 14, line 1, leave out “a derogating obligation” and insert “obligations that are

or include derogating obligations”
36
Page 14, line 3, leave out from “obligation”” to end of line 4 and insert “,

“designated derogation” and “designation order” have the meanings given by

section 1(9)”
37
Page 14, line 37, leave out subsection (3)
Schedule
38
Page 16, line 30, leave out sub-paragraphs (2) to (4) and insert—

    “( )
The relevant rules of court shall be made by the Lord Chief Justice after

consulting the Lord Chancellor.”
39
Page 17, line 5, leave out “by the Lord Chancellor”
40
Page 17, line 11, leave out from beginning to end of line 3 on page 18 and insert—

“( )
The rules of court must comply with the United Kingdom’s obligations

under Article 6 of the European Convention on Human Rights.”
41
Page 18, line 4, at beginning insert—

“Application for anonymity for controlled person

4A”
42
Page 18, line 23, at end insert—

      (8)
“Rules of court under this paragraph in relation to proceedings in

England and Wales—

(a)
must be laid before Parliament after being made; and

(b)
if not approved by a resolution of each House of Parliament

before the end of 40 days beginning with the day on which the

order was made, cease to have effect at the end of that period.”

(  11  )
43
Page 18, leave out lines 35 to 38