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Thursday 26th October 2006

Consideration of Bill


Fraud Bill [Lords]


New Clause

Abolition of offence of conspiracy to defraud

Mr David Heath
Mark Hunter

NC1

    To move the following Clause:—

      ‘(1) The common law offence of conspiracy to defraud is abolished for all purposes not relating to offences wholly or partly committed before the commencement of this Act.

      (2) An offence is partly committed before the commencement of this Act if—

        (a) a relevant event occurs before its commencement, and

        (b) another relevant event occurs on or after its commencement.

      (3) “Relevant event”, in relation to an offence, means any act, omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.’.


Mr David Heath
Mark Hunter

1

Page 2, line 22 [Clause 4], leave out ‘occupies a position in which he’ and insert ‘by reason of position,’.

Mr David Heath
Mark Hunter

2

Page 2, line 22 [Clause 4], leave out ‘expected’ and insert ‘under a fiduciary duty’.


Mr David Heath
Mark Hunter

3

Page 4, line 1 [Clause 9], leave out paragraph (b) and insert—

        ‘(b) for any fraudulent purpose.’.


Mr David Heath
Mark Hunter

4

Page 6, line 11 [Clause 15], at end insert—

      ‘( ) The Secretary of State may not appoint a day by order for section (Abolition of conspiracy to defraud) until he has received a report on the operation of this Act, and in any case not earlier than three years after the commencement of the Act.’.

ORDER OF THE HOUSE [12TH JUNE 2006]

       That the following provisions shall apply to the Fraud Bill [Lords]:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 22nd June 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.


 
 
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Prepared: 26 October 2006