Amendment moved [this day]: Amendment No. 341, in clause 116, page 82, line 29, after 'be', insert 'reasonably considered to be'.—[Dr. Evan Harris.]
2.30 pm
Question again proposed, That the amendment be made.
The Chairman: With this it will be convenient to discuss the following:
Amendment No. 342, in clause 116, page 82, line 29, after 'victim', insert 'or target'.
Clause stand part.
Amendment No. 343, in clause 117, page 83, line 27, after 'presence', insert 'or conduct'.
Amendment No. 344, in clause 117, page 83, leave out lines 42 to 44.
Amendment No. 223, in clause 117, page 84, line 4, leave out from 'liable' to end of line 6 and insert—
'(a) on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale, or to both,
(b) on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.'.
Amendment No. 224, in clause 117, page 84, line 13, leave out 'in uniform'. Clause 117 stand part.
Amendment No. 225, in clause 118, page 84, line 41, leave out from 'liable' to end of line 43 and insert—
'(a) on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale, or both,
(b) on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.'.
Amendment No. 101, in clause 118, page 85, line 4, at end add—
'(7D) Any person to whom a constable has given a direction under subsection (4)(b) may appeal against the making of the direction to a magistrates' court.'.
Amendment No. 254, in clause 118, page 85, line 4, at end add—
'(7D) Any person to whom a constable has given a direction under subsection (4)(b) may appeal against the making of the direction to a magistrates' court in the circumstances where the period specified under subsection (4)(b) exceeds 10 days.'.
Clause 118 stand part.
New clause 18—Names and addresses of members of companies: individual application—
'The following section is inserted after section 723C of the Companies Act 1985—
(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.''.'.
New clause 19—Names and addresses of members of companies: company application—
'The following section is inserted after section 723CA of the Companies Act 1985 as inserted by section [Names and addresses of members of companies: individual application]—
''723CB 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.
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(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 a company members confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.''.'.
New clause 20—Addresses of chargees or mortgagees of companies—
'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]—
''723CC 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) considers 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').
(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 or business address in relation to documents required to be held by Companies House or by the company in relation to the charge or mortgage 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 ('a chargee confidentiality order') in relation to him.
(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.''.'.
New clause 21—Confidentiality orders: associated companies—
'The following section 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 condition 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
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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.''.'.
New clause 22—Director's confidentiality orders: directors etc.—
'(1) In this 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.''.'.
New clause 23—Confidentiality orders: miscellaneous—
'(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— ''(7)Subsections (1) and (6) are subject to sections 723CA and 723CB.''
(4) In section 408, (right to inspect instruments which create charges, etc), after subsection (4), the following subsection is inserted— ''(5)Subsections (1) and (4) are subject to sections 723CC.''.
(5) In section 723C(4) (effect of confidentiality order), ''confidentiality order'' is replaced by ''relevant confidentiality order''.
(6) In section 723D (construction of sections 723B and 723C)—
(a) In subsection (1), ''section 723B'' is replaced by ''sections 723B, 723CA, 723CB, 723CC and 723CD'',
(b) In subsection (4)—
(i) ''section 723B and 723C'' is replaced by ''sections 723B, 723C, 723CA, 723CB, 723CC and 723CD'',
(ii) the following definition is inserted in the appropriate place— '''relevant confidentiality order' means a director's confidentiality order, individual member's confidentiality order, company members' confidentiality order or chargee's confidentiality order;''
(c) Subsection (6) is omitted.
(7) In section 723E(1) (offences), ''section 723B'' is replaced by ''sections 723B, 723D, 723E, 723F or 723G''.'.
New clause 26—Economic damage to companies—
'(1) A person (''person A'') commits an offence under this section if by acting in accordance with subsection (2) he causes financial damage to another person (''person B''), with the purpose of representing to person B, or persuading person B—
(i) that he should not do something that he is legally entitled to do; or
(ii) that he should do something that he is not under any legal obligation to do.
(2) A person acts in accordance with this subsection if those actions—
(a) involve the harassment of or violence against person B or a connected person, or
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(b) involve damage to property of person B or a connected person.
(3) A connected person, for the purposes of subsection (2) above, means—
(a) a customer of person B;
(b) a shareholder of person B;
(c) an employee of person B;
(d) a director of person B;
(e) where person B is a partnership, its partners;
(f) a supplier of goods or services to person B;
(g) a supplier of goods or services to persons within paragraph (f) above;
(h) an individual normally residing with any individual falling within paragraphs (a) to (g) above.
(4) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence within subsection (1) above.
(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.'.
New clause 32—Animal research; intention to cause economic loss—
'(1) A person commits an offence if, by acting in accordance with subsection (3) and with the necessary intent—
(a) he induces one connected person—
(i) to breach a contract between that connected person and another connected person, or
(ii) to terminate a contract between that connected person and another connected person (whether or not the termination constitutes a breach of the contract), or
(b) he persuades one connected person—
(i) not to enter into a contract with another connected person, or
(ii) not to have commercial dealings (of whatever nature) with another connected person.
(2) No person shall be guilty of an offence under this section—
(a) by virtue of his doing anything in contemplation or furtherance of a trade dispute,
(b) if he is exercising any power conferred on him by any enactment,
(c) if he is acting for the purposes of making a protected disclosure falling within Part IVA of the Employment Rights Act 1996 (protected disclosures).
(3) A person acts in accordance with this subsection if he carries out or threatens any unlawful activity against a connected person (whether or not that person is one of the connected persons mentioned in subsection (1)).
(4) In subsection (1), the necessary intent is the intent to—
(a) prevent, stop or hinder an animal research facility operator or a person who is not, but may become, an animal research facility operator doing something which he is entitled to do, or
(b) persuade an animal research facility operator or a person who is not, but may become, an animal research facility operator to do something which he is not under any obligation to do.
(5) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both,
(b) on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or to both.
(6) In this section— ''animal research facility operator'' means a person under whose direction or control the following are carried out—
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(a) regulated procedures for the purposes of the Animals (Scientific Procedures) Act 1986 (c. 14) (''the 1986 Act''), as described in section 2 of that Act, or
(b) the breeding of protected animals under the authority of a certificate under section 7 of the 1986 Act; ''connected persons'' are—
(c) animal research facility operators,
(d) holders of licences under section 4 or 5 of the 1986 Act (personal licences and project licences), persons specified under section 6(5) or 7(5) of the 1986 Act (scientific procedure establishments and breeding and supplying establishments),
(e) suppliers of goods or services to persons falling within paragraphs (a) to (c) or (f) to (k) of this subsection,
(f) suppliers of goods or services to persons falling within paragraph (d) above,
(g) customers of an animal research facility operator,
(h) shareholders in an animal research facility operator (if the operator is a company),
(i) subsidiaries of an animal research facility operator,
(j) companies of which an animal research facility operator is a subsidiary,
(k) trade organisations representing animal research facility operators,
(l) trade unions whose members include employees of any person mentioned in paragraphs (a) to (i) above,
(m) employees of any person mentioned in paragraphs (a) to (i) above,
(n) where the person mentioned in paragraph (a) to (i) above is a company, its directors,
(o) where the person mentioned in paragraph (a) to (f) above is a partnership firm its partners, and
(p) individuals normally residing with any individual falling within paragraph (a) to (g) or (l) to (n) above; ''trade dispute'' has the same meaning as in Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992,
(7) The Secretary of State may by order—
(a) add a description of person to the list of connected persons in subsection (6),
(b) remove a description of person from that list,
(c) amend the list in some other way.'.
Amendment No. 311, in title, line 10, after 'Scotland;', insert
'to make provision in connection with economic damage to companies;'.
