Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 6 — Other amendments to 2002 Act
101

120
Omit sections 4 and 5 (co-operation and advice and assistance for Secretary
of State).
121
In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious
Organised Crime Agency” substitute “SOCA”.
122
In section 331(4) (failure to disclose: nominated officers in the regulated
5
sector) for “the Serious Organised Crime Agency” substitute “SOCA”.
123
In section 332(4) (failure to disclose: other nominated officers) for “the
Serious Organised Crime Agency” substitute “SOCA”.
124
In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the
Serious Organised Crime Agency” substitute “SOCA”.
10
125
In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime
Agency” substitute “SOCA”.
126
Omit sections 435 to 438 (information: England and Wales and Northern
Ireland).
127
In section 439(5) (disclosure of information to Lord Advocate and to Scottish
15
Ministers)—
(a)
in paragraph (b) for “the Director General of the Serious Organised
Crime Agency” substitute “SOCA”; and
(b)
after paragraph (f) insert—
“(fa)
the Director of Revenue and Customs Prosecutions;”.
20
128
In section 441(2) (disclosure of information by Lord Advocate and by
Scottish Ministers) for paragraph (f) substitute—
“(f)
the exercise of SOCA’s functions under this Act;
(fa)
the exercise of the functions of the Director of Public
Prosecutions, the Director of Revenue and Customs
25
Prosecutions, the Director of the Serious Fraud Office or the
Director of Public Prosecutions for Northern Ireland under,
or in relation to, Part 5;”.
129
In section 442(1) and (2) (restriction on disclosure for overseas purposes)
omit “438(1)(a) or (b) or”.
30
130
In section 443(3)(a) (enforcement in different parts of the United Kingdom)
for “the Director” substitute “SOCA”.
131
In section 444(4)(d) (external requests and orders) for “the Director”
substitute “SOCA”.
132
In section 445(2)(b) (external investigations) for the words from “the
35
Director”, where it first appears, to “Agency” substitute “SOCA”.
133   (1)
Section 449 (agency staff: pseudonyms) is amended as follows.
      (2)
In the heading for “Agency” substitute “SOCA’s”.
      (3)
In subsection (1)—
(a)
for “the staff of the Agency”, in both places where it appears,
40
substitute “SOCA’s staff”; and
(b)
for “authorised (generally or specifically) by the Director” substitute
“assigned by SOCA”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments
102

      (4)
In subsection (2)—
(a)
for “The Director” substitute “An authorised person”; and
(b)
for “the staff of the Agency” substitute “SOCA’s staff”.
      (5)
In subsection (3)—
(a)
for “the Director” substitute “an authorised person”; and
5
(b)
for “the staff of the Agency”, in both places where it appears,
substitute “SOCA’s staff”.
      (6)
In subsection (4) for “the staff of the Agency” substitute “SOCA’s staff”.
      (7)
Omit subsection (5).
      (8)
After subsection (5) insert—
10
“(6)
In this section “authorised person” means a member of SOCA’s staff
authorised by SOCA for the purposes of this section.”
134   (1)
Section 459 (orders and regulations) is amended as follows.
      (2)
In subsection (4)(a) omit “, 436(6), 438(9)”.
      (3)
In subsection (6)(a) for “, 377(4), 436(6) or 438(9)” substitute “or 377(4)”.
15
135
After section 460(2) (finance) insert—
“(3)
Subject to anything in this Act—
(a)
any sums received by the Director of Public Prosecutions, the
Director of Revenue and Customs Prosecutions or the
Director of the Serious Fraud Office in consequence of this
20
Act are to be paid into the Consolidated Fund; and
(b)
any sums received by the Director of Public Prosecutions for
Northern Ireland in consequence of this Act are to be paid to
the Secretary of State.”
136
Omit Schedule 1 (the Assets Recovery Agency).
25
Part 7
Amendments to other enactments
Parliamentary Commissioner Act 1967 (c. 13)
137   (1)
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) is amended as follows.
30
      (2)
Omit the entry for “The Director of the Assets Recovery Agency.”.
      (3)
After the entry for “Sentencing Guidelines Council” insert “The Serious
Organised Crime Agency”.
      (4)
Omit the paragraph in the Notes headed “Assets Recovery Agency”.
      (5)
After the paragraph in the Notes headed “Ministry of Defence” insert—
35
“Serious Organised Crime Agency
In the case of the Serious Organised Crime Agency, an investigation may
be conducted only in respect of the exercise of functions vested in it by

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments
103

virtue of a notice served on the Commissioners for Her Majesty’s
Revenue and Customs under section 317(2), 321(2) or 322(2) of the
Proceeds of Crime Act 2002 (c. 29) (Revenue functions).”
Criminal Appeal Act 1968 (c. 19)
138
In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of
5
Lords) omit subsection (1A).
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
139   (1)
Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of
appeal to House of Lords) is amended as follows.
      (2)
Omit subsection (1A).
10
      (3)
In subsection (3) omit “, subject to subsection (1A) above,”.
Limitation Act 1980 (c. 58)
140   (1)
Section 27A of the Limitation Act 1980 (actions for recovery of property
obtained through unlawful conduct etc.) is amended as follows.
      (2)
In subsection (2) for “Director’s” substitute “relevant person’s”.
15
      (3)
In subsection (4) for “Director’s” substitute “relevant person’s”.
      (4)
After subsection (7) insert—
“(8)
In this section “relevant person” means—
(a)
the Serious Organised Crime Agency,
(b)
the Director of Public Prosecutions,
20
(c)
the Director of Revenue and Customs Prosecutions, or
(d)
the Director of the Serious Fraud Office.”
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))
141   (1)
Paragraph 2A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance
(Northern Ireland) Order 1981 (Crown Court proceedings under the
25
Proceeds of Crime Act 2002 (c. 29)) for which legal aid may be given under
Part 2 of the Order) is amended as follows.
      (2)
In sub-paragraph (1)(a) omit “or 204(3)”.
      (3)
In sub-paragraph (1)(c) for “to 201” substitute “to 199”.
Prosecution of Offences Act 1985 (c. 23)
30
142
In section 3(2) of the Prosecution of Offences Act 1985 (functions of the
Director of Public Prosecutions), after paragraph (fc), insert—
“(fd)
to discharge functions conferred on him by, or in relation to,
Part 5 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery
of the proceeds etc. of unlawful conduct);”.
35

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments
104

Bankruptcy (Scotland) Act 1985 (c. 66)
143
In section 31A(1)(b) of the Bankruptcy (Scotland) Act 1985 (property subject
to restraint order)—
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
5
Insolvency Act 1986 (c. 45)
144
In section 306A(1)(b) of the Insolvency Act 1986 (property subject to restraint
order)—
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
10
Criminal Justice Act 1987 (c. 38)
145
After section 1(6) of the Criminal Justice Act 1987 (functions of the Director
of the Serious Fraud Office) insert—
“(6A)
The Director has the functions conferred on him by, or in relation to,
Part 5 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the
15
proceeds etc. of unlawful conduct).”
Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))
146   (1)
Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for
recovery of property obtained through unlawful conduct etc.) is amended as
follows.
20
      (2)
In paragraph (2) for “Director’s” substitute “relevant person’s”.
      (3)
In paragraph (4) for “Director’s” substitute “relevant person’s”.
      (4)
After paragraph (7) insert—
“(8)
In this Article “relevant person” means—
(a)
the Serious Organised Crime Agency,
25
(b)
the Director of the Serious Fraud Office, or
(c)
the Director of Public Prosecutions for Northern Ireland.”
Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))
147
In Article 279A(1)(b) of the Insolvency (Northern Ireland) Order 1989
(property subject to restraint order)—
30
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
Police Act 1996 (c. 16)
148   (1)
Section 97 of the Police Act 1996 (police officers engaged on service outside
their force) is amended as follows.
35
      (2)
In subsection (1) omit paragraph (ce).
      (3)
In subsection (6)(a) omit “(ce),”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments
105

      (4)
In subsection (8)(a) omit “(ce),”.
Police (Northern Ireland) Act 1998 (c. 32)
149   (1)
Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police
Service of Northern Ireland engaged on other police service) is amended as
follows.
5
      (2)
In subsection (1) omit paragraph (ca).
      (3)
In subsection (5)(b) omit “(ca),”.
      (4)
In subsection (7) omit “, (ca)”.
Access to Justice Act 1999 (c. 22)
150   (1)
Paragraph 3 of Schedule 2 to the Access to Justice Act 1999 (advocacy in
10
Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29)
which may be funded as part of the Community Legal Service) is amended
as follows.
      (2)
In sub-paragraph (1)(b) omit “or 56(3)”.
      (3)
In sub-paragraph (1)(d) for “to 53” substitute “to 51”.
15
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))
151   (1)
Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order
2003 (representation in Crown Court proceedings under the Proceeds of
Crime Act 2002 which may be funded by the Northern Ireland Legal
Services Commission) is amended as follows.
20
      (2)
In sub-paragraph (1)(a) omit “or 204(3)”.
      (3)
In sub-paragraph (1)(c) for “to 201” substitute “to 199”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
152
After section 35(4) of the Commissioners for Revenue and Customs Act 2005
(functions of the Director of Revenue and Customs Prosecutions) insert—
25
“(4A)
The Director has the functions conferred on him by, or in relation to,
Part 5 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the
proceeds etc. of unlawful conduct).”
153   (1)
Section 40 of that Act (confidentiality) is amended as follows.
      (2)
In subsection (2) (exceptions to confidentiality restrictions), after paragraph
30
(c), insert—
“(ca)
does not apply to a disclosure made for the purposes of—
(i)
the exercise of any functions of the prosecutor under
Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c.
29),
35
(ii)
the exercise of any functions of the Serious Organised
Crime Agency under that Act,
(iii)
the exercise of any functions of the Director of Public
Prosecutions, the Director of the Serious Fraud Office,
the Director of Public Prosecutions for Northern
40

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments
106

Ireland or the Scottish Ministers under, or in relation
to, Part 5 of that Act,
(iv)
the exercise of any functions of an officer of Revenue
and Customs or a constable under Chapter 3 of Part 5
of that Act, or
5
(v)
investigations or proceedings outside the United
Kingdom which have led or may lead to the making
of an external order within the meaning of section 447
of that Act,
(cb)
does not apply to a disclosure of information obtained in the
10
exercise of functions under the Proceeds of Crime Act 2002 (c.
29) if the disclosure is made for the purposes of the exercise
of a function which the Secretary of State thinks is a public
function and which he designates by order,”.
      (3)
After subsection (10) insert—
15
“(10A)
An order under subsection (2)(cb)—
(a)
may include transitional or incidental provision,
(b)
shall be made by statutory instrument, and
(c)
shall not be made unless a draft has been laid before, and
approved by a resolution of, each House of Parliament.”
20
154
In section 41(1) of that Act (disclosure of information to Director of Revenue
and Customs Prosecutions) after “prosecution” insert “or for the purpose of
the exercise by the Director of his functions under the Proceeds of Crime Act
2002 (c. 29)”.
Serious Organised Crime and Police Act 2005 (c. 15)
25
155
After section 2 of the Serious Organised Crime and Police Act 2005
(functions of SOCA as to serious organised crime) insert—
"2A
Functions of SOCA as to the recovery of assets
SOCA has the functions conferred on it (whether directly or through
its staff) by the Proceeds of Crime Act 2002 (c. 29) (functions relating
30
to the recovery of assets).”
156
After section 19(4) of that Act (charges by SOCA and other receipts) insert—
“(4A)
Subsection (3) is subject to any provision made by the Proceeds of
Crime Act 2002 (c. 29).”
157   (1)
Section 33 (disclosure of information by SOCA) of that Act is amended as
35
follows.
      (2)
In subsection (2) after paragraph (c) insert—
“(ca)
the exercise of any function of SOCA mentioned in section 2A
(functions relating to the recovery of assets);
(cb)
the exercise of any functions of the prosecutor under Parts 2,
40
3 and 4 of the Proceeds of Crime Act 2002 (c. 29);
(cc)
the exercise of any functions of the Director of Public
Prosecutions, the Director of Revenue and Customs
Prosecutions, the Director of the Serious Fraud Office, the
Director of Public Prosecutions for Northern Ireland or the
45
Scottish Ministers under, or in relation to, Part 5 of that Act;

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments
107

(cd)
the exercise of any functions of an officer of Revenue and
Customs or a constable under Chapter 3 of Part 5 of that Act;
(ce)
investigations or proceedings outside the United Kingdom
which have led or may lead to the making of an external
order within the meaning of section 447 of that Act;”.
5
      (3)
After subsection (2) insert—
“(2A)
Subsections (1) and (2) do not apply to information obtained by
SOCA in connection with the exercise of its functions under Part 6 of
the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).
(2B)
But such information may be disclosed by SOCA—
10
(a)
to the Commissioners;
(b)
to the Lord Advocate for the purpose of the exercise by the
Lord Advocate of his functions under Part 3 of that Act
(confiscation: Scotland).
(2C)
Information disclosed to the Lord Advocate under subsection (2B)(b)
15
may be further disclosed by him only to the Scottish Ministers for the
purpose of the exercise by them of their functions under Part 5 of that
Act (civil recovery of the proceeds etc. of unlawful conduct).”
158
In paragraph 8 of Schedule 1 to that Act (SOCA’s staff) after sub-paragraph
(1), insert—
20
   “(1A)
SOCA must appoint one of its employees as a person with
responsibilities in relation to the exercise of SOCA’s functions in
Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).”
159
In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the
purposes of protection) omit “is or”.
25
Gambling Act 2005 (c. 19)
160
In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information:
enforcement and regulatory bodies)—
(a)
omit the entries relating to the Director and staff of the Assets
Recovery Agency, the Director General and staff of the National
30
Crime Squad and the Director General and staff of the National
Criminal Intelligence Service; and
(b)
after the entry for the Serious Fraud Office insert—
“The Serious Organised Crime Agency”.
Police and Justice Act 2006 (c. 48.)
35
161   (1)
Schedule 1 to the Police and Justice Act 2006 (National Policing
Improvement Agency) is amended as follows.
      (2)
In paragraph 1 (the objects of the Agency)—
(a)
after paragraph (e), insert—
“(ea)
the carrying out of its functions under section 3 of the
40
Proceeds of Crime Act 2002 (c. 29) (accreditation and
training of financial investigators);”; and
(b)
in paragraph (f) for “(e)” substitute “(ea)”.