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| | (a) | a person (“D”) is charged in respect of the same act both with an |
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| | offence under section 41 and with the common law offence of inciting |
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| | the commission of another offence; |
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| | (b) | the only thing preventing D from being found guilty of the offence |
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| | under section 41 is the fact that it has not been proved beyond |
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| | reasonable doubt that the time when the act took place was after the |
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| | coming into force of that section; and |
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| | (c) | the only thing preventing D from being found guilty of the common |
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| | law offence is that it has not been proved beyond reasonable doubt that |
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| | that time was before the coming into force of section 55. |
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| | (2) | For the purpose of determining D’s guilt it shall be conclusively presumed that |
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| | the time when the act took place was before the coming into force of section |
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| Schedule 15, page 122, line 33, column 2, at end insert— |
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| | ‘In section 51(1A), the words “, subject to section |
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| Schedule 15, page 127, line 38, column 2, at end insert— |
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| Clause 83, page 44, line 27, after ‘(2);’, insert— |
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| | ‘( ) | section (Powers of management receivers and enforcement receivers)(1) |
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| Clause 83, page 44, line 32, leave out ‘29’ and insert ‘(Powers to wind up: |
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| Clause 83, page 45, line 6, after ‘(4);’, insert— |
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| | ‘( ) | section (Powers of management receivers and enforcement receivers)(3) |
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| Clause 85, page 45, line 41, leave out subsection (2). |
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| | Institution of proceedings for an offence under this Part |
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| To move the following Clause:— |
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| | ‘(1) | Any provision to which this section applies has effect with respect to an offence |
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| | under this Part as it has effect with respect to the anticipated offence. |
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| | (2) | This section applies to provisions made by or under an enactment (whenever |
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| | (a) | provide that proceedings may not be instituted or carried on otherwise |
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| | than by, or on behalf or with the consent of, any person (including any |
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| | provision which also makes exceptions to the prohibition); |
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| | (b) | confer power to institute proceedings; |
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| | (c) | confer power to seize and detain property; |
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| | (d) | confer a power of forfeiture, including any power to deal with anything |
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| | |
| | (3) | In relation to an offence under section 43— |
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| | (a) | the reference in subsection (1) to the anticipated offence is to be read as |
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| | a reference to any offence specified in the indictment; and |
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| | (b) | each of the offences specified in the indictment must be an offence in |
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| | respect of which the prosecutor has power to institute proceedings. |
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| | (4) | Any consent to proceedings required as a result of this section is in addition to |
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| | any consent required by section 50.’. |
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| | No individual liability in respect of corporate manslaughter |
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| To move the following Clause:— |
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| | ‘In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 |
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| | (c. 00) (no individual liability for offences under that Act) after subsection (1) |
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| | “(1A) | An individual cannot be guilty of an offence under Part 2 of the Serious |
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| | Crime Act 2007 (encouraging or assisting crime) by reference to an |
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| | offence of corporate manslaughter.”’. |
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| | Code of practice for disclosure of information to prevent fraud |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must prepare, and keep under review, a code of practice |
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| | with respect to the disclosure, for the purposes of preventing fraud or a particular |
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| | kind of fraud, of information by public authorities as members of specified anti- |
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| | fraud organisations or otherwise in accordance with any arrangements made by |
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| | |
| | (2) | Before preparing or altering the code, the Secretary of State must consult— |
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| | (a) | any specified anti-fraud organisation; |
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| | (b) | the Information Commissioner; and |
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| | (c) | such other persons as the Secretary of State considers appropriate. |
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| | (3) | A public authority must have regard to the code in (or in connection with) |
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| | disclosing information, for the purposes of preventing fraud or a particular kind |
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| | of fraud, as a member of a specified anti-fraud organisation or otherwise in |
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| | accordance with any arrangements made by such an organisation. |
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| | (4) | Nothing in this section applies in relation to any disclosure by a relevant public |
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| | authority of information whose subject-matter is a matter about which provision |
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| | would be within the legislative competence of the Scottish Parliament if it were |
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| | included in an Act of the Scottish Parliament. |
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| | (5) | The Secretary of State must— |
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| | (a) | lay a copy of the code, and of any alterations to it, before Parliament; and |
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| | (b) | from time to time publish the code as for the time being in force. |
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| | |
| | “information” and “public authority” have the same meaning as in section |
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| | “relevant public authority” has the meaning given by section 63(6); and |
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| | “specified anti-fraud organisation” means any person which is a specified |
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| | anti-fraud organisation for the purposes of section 63.’. |
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| | Powers of management receivers and enforcement receivers |
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| To move the following Clause:— |
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| | ‘(1) | After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for |
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| | persons to make representations before powers conferred on management |
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| | receivers to manage or otherwise deal with property: England and Wales) |
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| | “(8A) | Subsection (8), so far as relating to the power mentioned in subsection |
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| | (2)(b), does not apply to property which— |
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| | (b) | ought to be disposed of before its value diminishes.” |
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| | (2) | After section 51(8) of that Act (opportunity for persons to make representations |
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| | before powers conferred on enforcement receivers to manage or otherwise deal |
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| | with property: England and Wales) insert— |
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| | “(8A) | Subsection (8), so far as relating to the power mentioned in subsection |
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| | (2)(b), does not apply to property which— |
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| | (b) | ought to be disposed of before its value diminishes.” |
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| | (3) | After section 197(8) of that Act (opportunity for persons to make representations |
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| | before powers conferred on management receivers to manage or otherwise deal |
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| | with property: Northern Ireland) insert— |
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| | “(8A) | Subsection (8), so far as relating to the power mentioned in subsection |
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| | (2)(b), does not apply to property which— |
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| | (b) | ought to be disposed of before its value diminishes.” |
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| | (4) | After section 199(8) of that Act (opportunity for persons to make representations |
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| | before powers conferred on enforcement receivers to manage or otherwise deal |
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| | with property: Northern Ireland) insert— |
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| | “(8A) | Subsection (8), so far as relating to the power mentioned in subsection |
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| | (2)(b), does not apply to property which— |
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| | (b) | ought to be disposed of before its value diminishes.”’. |
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| | Disclosure of information by Revenue and Customs |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to information held as mentioned in section 18(1) of the |
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| | Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality). |
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| | (2) | Information to which this section applies may be disclosed by or with the |
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| | authority of the Commissioners of Revenue and Customs— |
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| | (a) | to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of |
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| | enabling or assisting the CAB to exercise any of its functions in |
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| | connection with any matter within subsection (3); or |
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| | (b) | to any specified public authority (in the United Kingdom or elsewhere)— |
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| | (i) | for the purpose of enabling or assisting the public authority to |
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| | exercise any of its functions in connection with any matter within |
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| | (ii) | (if the specifying order so provides) for the purpose of enabling |
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| | or assisting the public authority to exercise any of its functions |
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| | in connection with any matter within that subsection that is |
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| | specified, or of a description specified, in the order. |
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| | (3) | The matters within this subsection are— |
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| | (a) | the identification of proceeds of crime; |
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| | (b) | the bringing of civil proceedings for enforcement purposes in relation to |
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| | |
| | (c) | the taking of other action in relation to proceeds of crime. |
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| | (4) | Information disclosed in accordance with subsection (2) must not be further |
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| | (a) | in connection with the exercise of any of the functions of the CAB or a |
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| | specified public authority in connection with any matter within |
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| | subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is |
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| | (b) | with the consent of the Commissioners of Revenue and Customs or an |
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| | authorised officer of the Commissioners of Revenue and Customs. |
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| | (5) | For the purposes of this section any consent or authorisation may be general or |
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| | (6) | If a person in the United Kingdom discloses, in contravention of subsection (4), |
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| | any revenue and customs information relating to a person whose identity— |
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| | (a) | is specified in the disclosure; or |
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| | (b) | can be deduced from it; |
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| | | section 19 of the 2005 Act (wrongful disclosure) applies in relation to that |
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| | disclosure as it applies in relation to a disclosure of such information in |
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| | contravention of section 20(9) of that Act. |
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| | (7) | Any reference in this section to a disclosure to the CAB or a specified public |
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| | authority is a reference to a disclosure to such person, or to persons of such |
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| | description, as may be specified in relation to the CAB or the public authority (as |
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| | |
| | (8) | Nothing in this section authorises any disclosure of information which— |
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| | (a) | contravenes the Data Protection Act 1998 (c. 29); or |
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| | (b) | is prohibited by Part 1 of the Regulation of Investigatory Powers Act |
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| | |
| | |
| | “the 2005 Act” means the Commissioners for Revenue and Customs Act |
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| | |
| | “assets” means property of any description, wherever situated; |
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| | “civil proceedings” means civil proceedings of whatever nature and |
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| | whether brought in the United Kingdom or elsewhere; |
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| | “Commissioners of Revenue and Customs” means the Commissioners for |
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| | Her Majesty’s Revenue and Customs; |
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| | “enforcement purposes”, in relation to the proceeds of crime, means with a |
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| | (a) | recovering, forfeiting or freezing assets constituting proceeds of |
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| | (b) | otherwise depriving persons (to any extent) of, or of access to, |
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| | such assets or the benefit of such assets; |
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| | “functions” includes powers, duties and objectives, and references to the |
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| | exercise of functions include the pursuit of objectives; |
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| | “proceeds of crime” means assets derived, or suspected to be derived, |
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| | directly or indirectly from criminal conduct (wherever occurring); |
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| |
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| | “public authority” means any body or person discharging functions of a |
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| | |
| | “revenue and customs information relating to a person” has the meaning |
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| | given by section 19(2) of the 2005 Act; |
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| | “specified” means specified in an order made by the Treasury; and |
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| | “the specifying order”, in relation to a specified public authority, means the |
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| | order specifying the authority for the purposes of this section.’. |
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| |
| | Powers to wind up: supplementary |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order make such modifications as he considers |
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| | appropriate to the application of— |
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| | (a) | the Insolvency Act 1986 (c. 45) by virtue of section 28(2); or |
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| | (b) | the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) |
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| | by virtue of section 29(2). |
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| | (2) | Any modifications made by virtue of subsection (1) are in addition to the |
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| | modifications made by section 28(3) and (4) or (as the case may be) section 29(3) |
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| | |
| | (3) | The Secretary of State may by order make such consequential or supplementary |
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| | provision, applying with or without modifications any provision made by or |
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| | under an enactment, as he considers appropriate in connection with section 28(2) |
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| | |
| | (4) | An order made by virtue of section 28(5) or (6), section 29(5) or (6) or subsection |
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| | (1) above may, in particular, contain consequential or supplementary provision |
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| | applying, with or without modifications, any provision made by or under an |
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| | |
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| | Providers of information society services |
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| To move the following Clause:— |
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| | ‘(1) | A serious crime prevention order may not include terms which restrict the |
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| | freedom of a service provider who is established in an EEA state other than the |
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| | United Kingdom to provide information society services in relation to an EEA |
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| | state unless the conditions in subsections (2) and (3) are met. |
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| | (2) | The condition in this subsection is that the court concerned considers that the |
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| | |
| | (a) | are necessary for the objective of protecting the public by preventing, |
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| | restricting or disrupting involvement in— |
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| | (i) | in the case of an order in England and Wales, serious crime in |
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| | |
| | (ii) | in the case of an order in Northern Ireland, serious crime in |
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| | |
| | (b) | relate to an information society service which prejudices that objective or |
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| | presents a serious and grave risk of prejudice to it; and |
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| | (c) | are proportionate to that objective. |
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| | (3) | The conditions in this subsection are that— |
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| | (a) | a law enforcement officer has requested the EEA state in which the |
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| | service provider is established to take measures which the law |
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| | enforcement officer considers to be of equivalent effect under the law of |
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| | the EEA state to the terms and the EEA state has failed to take the |
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| | |
| | (b) | a law enforcement officer has notified the Commission of the European |
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| | Communities and the EEA state of— |
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| | (i) | the intention to seek an order containing the terms; and |
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| | |
| | (4) | It does not matter for the purposes of subsection (3) whether the request or |
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| | notification is made before or after the making of the application for the order. |
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| | (5) | A serious crime prevention order may not include terms which impose liabilities |
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| | on service providers of intermediary services so far as the imposition of those |
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| | liabilities would result in a contravention of Article 12, 13 or 14 of the E- |
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| | Commerce Directive (various protections for service providers of intermediary |
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| | |
| | (6) | A serious crime prevention order may not include terms which impose a general |
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| | obligation on service providers of intermediary services covered by Articles 12, |
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| | 13 and 14 of the E-Commerce Directive— |
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| | (a) | to monitor the information which they transmit or store when providing |
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| | |
| | (b) | actively to seek facts or circumstances indicating illegal activity when |
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| | providing those services. |
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| | (7) | For the purposes of this section— |
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| | (a) | a service provider is established in a particular EEA state if he effectively |
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| | pursues an economic activity using a fixed establishment in that EEA |
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| | state for an indefinite period and he is a national of an EEA state or a |
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| | company or firm mentioned in Article 48 of the EEC Treaty; |
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| | (b) | the presence or use in a particular place of equipment or other technical |
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| | means of providing an information society service does not, of itself, |
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| | constitute the establishment of a service provider; |
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| | (c) | where it cannot be determined from which of a number of establishments |
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| | a given information society service is provided, that service is to be |
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| | regarded as provided from the establishment where the service provider |
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| | has the centre of his activities relating to the service; |
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| | | and references to a person being established in an EEA state are to be read |
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| | |
| | |
| | “the E-Commerce Directive” means Directive 2000/31/EC of the European |
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| | Parliament and of the Council of 8 June 2000 on certain legal aspects of |
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| | information society services, in particular electronic commerce, in the |
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| | Internal Market (Directive on electronic commerce); |
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| | “information society services”— |
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| | (c) | has the meaning given in Article 2(a) of the E-Commerce |
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| | Directive (which refers to Article 1(2) of Directive 98/34/EC of |
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|