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| | | Limitation of serious crime prevention orders |
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| | To move the following Clause:— |
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| | | ‘(1) | Part 1 of this Act and any orders made under it shall expire at the end of the period |
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| | | of 12 months beginning with the day on which this Act is passed unless the |
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| | | Secretary of State makes a renewal order under subsection (2) below. |
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| | | (2) | No renewal order may be made by the Secretary of State unless it has been laid |
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| | | before, and approved by a resolution of, each House of Parliament. |
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| | | (3) | A renewal order made under subsection (2) above shall expire at the end of the |
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| | | period of 12 months beginning with the day on which the order is made unless it |
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| | | is renewed by a further renewal order. |
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| | | (4) | No order may be made under this section unless a report has been laid before |
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| | | Parliament under section [Review of serious crime prevention orders] above.’. |
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| | | Proceeds of crime (criminal lifestyle) |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 75 of the Proceeds of Crime Act 2002 (c. 29) (criminal lifestyle) is |
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| | | (2) | In subsection (2)(c), for “six months” substitute “three years”. |
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| | | (3) | In subsection (3)(a)— |
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| | | (a) | for “in the proceedings” substitute “prior to the proceedings”, and |
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| | | (b) | after “benefited”, insert “, and each of those offences was committed |
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| | | (4) | In subsection (3)(b)— |
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| | | (a) | for “two separate occasions” substitute “three separate occasions”, and |
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| | | (b) | after “benefited”, insert “, and at least one of those offences was |
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| | | committed after 24th March 2003 and before the date of any of the |
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| | | offences under section 6(2) of this Act”. |
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| | | (5) | In subsection (4) for “£5,000” substitute “£20,000”. |
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| | | Role of Information Commissioner |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 51 of the Data Protection Act 1998 (c.29) (general duties of the |
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| | | Commissioner) is amended as follows. |
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| | | (2) | In subsection (7), at the beginning insert “Subject to subsection (7A),”. |
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| | | (3) | After subsection (7), insert— |
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| | | “(7A) | The Information Commissioner may, on his own intiaitive, assess any |
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| | | data processing conducted under sections 63 to 67 of the Serious Crime |
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| | | Penalty for offences under Data Protection Act |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 60 of the Data Protection Act 1998 (c. 29) (prosecutions and penalties) is |
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| | | (2) | In subsection (2)(a) for “to a fine not exceeding the statutory maximum”, |
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| | | substitute “to imprisonment for a term not exceeding 12 months or to a fine not |
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| | | exceeding the statutory maximum or to both”. |
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| | | (3) | In subsection (2)(b) for “to a fine”, substitute “to imprisonment for a term not |
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| | | exceeding four years or to a fine or to both”.’. |
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| | | Offence of obtaining information unlawfully disclosed under section 64 |
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| | To move the following Clause:— |
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| | | ‘(1) | It is an offence to obtain information unlawfully disclosed under section 64 of this |
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| | | Act or to procure the unlawful disclosure to another person of the information. |
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| | | (2) | A person is not guilty under subsection (1) if he acted in the reasonable belief that |
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| | | he had in law the right to obtain or to procure the disclosure of the information to |
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| | | (3) | It shall be for the defendant to prove that subsection (2) applies.’. |
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| | Title, line 3, after ‘fraud’, insert ‘or for purposes relating to proceeds of crime’. |
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| | Title, line 9, after ‘investigators’, insert ‘, management receivers and enforcement |
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| | Title, line 9, after ‘investigators’, insert ‘, cash recovery proceedings’. |
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| | Title, line 9, after ‘warrants’, insert ‘and in relation to criminal lifestyle’. |
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| | That certain written evidence already reported to the House be appended to the |
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| | proceedings of the Committee. |
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| | | Order of the House [12th June 2007] |
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| | | That the following provisions shall apply to the Serious Crime Bill [Lords]: |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 10th July 2007. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of any message from the Lords) may be programmed. |
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| | | Order of the Committee [26th june 2007] |
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| | | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | | (a) | at 4.30 p.m. on Tuesday 26th June; |
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| | | (b) | at 9.00 a.m. and 2.00 p.m. on Thursday 28th June; |
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| | | (c) | at 10.30 a.m. and 4.30 p.m. on Tuesday 3rd July; |
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| | | (d) | at 9.00 a.m. and 2.00 p.m. on Thursday 5th July; |
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| | | (e) | at 10.30 a.m. and 4.30 p.m. on Tuesday 10th July; |
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| | | (2) | the proceedings shall be taken in the following order: Clauses 1 to 3; |
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| | | Schedule 1; Clause 4; Schedule 13; Clauses 5 to 36; Schedule 2; Clauses 37 |
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| | | to 46; Schedule 3; Clauses 47 to 49; Schedule 4; Clauses 50 to 56; Schedule |
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| | | 5; Clauses 57 and 58; Schedule 6; Clauses 59 to 67; Schedule 7; Clause 68; |
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| | | Schedules 8 and 9; Clauses 69 to 71; Schedule 10; Clauses 72 and 73; |
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| | | Schedule 11; Clauses 74 to 77; Schedule 12; Clauses 78 to 81; Schedule 14; |
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| | | Clause 82; Schedule 15; Clauses 83 to 85; new Clauses; new Schedules; |
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| | | remaining proceedings on the Bill; |
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| | | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | | conclusion at 7.00 p.m. on Tuesday 10th July. |
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