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Session 2004 - 05
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in relation to offences that would be likely to be prosecuted


in Northern Ireland, means the Director of Public


Prosecutions for Northern Ireland.



In relation to times before the Serious Organised Crime Agency begins to


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



the National Crime Squad were a police force; and



references, in relation to that Squad, to its chief officer were


references to its Director General.



In subsection (5)—



“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



“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



Clause 7


Leave out Clause 7

Clause 8


Leave out Clause 8

Clause 9


Page 10, line 28, leave out subsection (4)


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




( )    

proceedings on an appeal under section 7;”


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)”;


Page 11, line 1, leave out “Secretary of State” and insert “court”


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;”


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


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


has been granted”


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


Page 12, line 44, leave out subsections (2) to (6)


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”


Page 13, line 14, at end insert “and



his powers to apply to the court for the making, renewal,


revocation or modification of derogating control orders;”


Page 13, leave out lines 19 to 22

After Clause 11


Insert the following new Clause—


“Review of Act



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


operation of this Act.



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


Privy Council.



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


nominated by—



the Prime Minister;



the Leader of the Opposition in the House of Commons;



the Leader of the Liberal Democrats in the House of Commons;



the Convenor of the Crossbench peers in the House of Lords;



the Lord Chief Justice of England and Wales.



The Secretary of State may not refuse any nomination made under


subsection (3).



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


of State—



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


which this Act is passed; and



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


which this Act is passed.



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


soon as is reasonably practicable.



The Secretary of State may make payments to persons appointed as


members of the committee.”


Insert the following new Clause—



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“Effect of report



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.



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


operation of section (Limitation).”


Insert the following new Clause—




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


to have effect on 30th November 2005.”

Clause 12


Page 13, line 34, at end insert—


““control order” has the meaning given by section 1(1A)”


Page 14, line 1, leave out “a derogating obligation” and insert “obligations that are


or include derogating obligations”


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)”


Page 14, line 37, leave out subsection (3)



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.”


Page 17, line 5, leave out “by the Lord Chancellor”


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.”


Page 18, line 4, at beginning insert—


“Application for anonymity for controlled person




Page 18, line 23, at end insert—



“Rules of court under this paragraph in relation to proceedings in


England and Wales—



must be laid before Parliament after being made; and



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  )


Page 18, leave out lines 35 to 38

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