|
|
| |
| |
|
| |
| | |
| Clause 28, page 17, line 9, at end insert— |
|
| | ‘( ) | No petition may be presented to, or order to wind up made by, a court in Scotland |
|
| | by virtue of this section in respect of a company, partnership or relevant body |
|
| | whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 |
|
| | |
| |
| | |
| Clause 28, page 17, line 28, leave out ‘Scotland or’. |
|
| |
| |
| | |
| Clause 29, page 18, line 8, after ‘to’, insert ‘— |
|
| | |
| |
| | |
| Clause 29, page 18, line 8, leave out ‘as if it were’ and insert ‘; and |
|
| | (b) | the company’s winding up; |
|
| | | as it applies in relation to’. |
|
| |
| | |
| Clause 29, page 18, line 9, leave out ‘(petition for’ and insert ‘for the winding up of |
|
| a company and the company’s winding up (’. |
|
| |
| | |
| Clause 29, page 18, line 22, leave out ‘has effect’ and insert ‘applies for the |
|
| purposes of this section’. |
|
| |
| | |
| Clause 29, page 18, line 25, after ‘appropriate,’, insert ‘in relation’. |
|
| |
| | |
| Clause 29, page 18, line 26, at end insert ‘and the relevant body’s winding up’. |
|
| |
| |
| |
| | |
| Clause 34, page 22, line 35, leave out ‘civil’ and insert ‘criminal’. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 34, page 22, line 36, leave out subsection (2). |
|
| |
| |
| |
| | |
| Clause 35, page 22, line 40, leave out ‘civil’ and insert ‘criminal’. |
|
| |
| |
| |
| | |
| Clause 35, page 23, line 1, leave out subsection (2). |
|
| |
| |
| | |
| Clause 35, page 23, line 3, leave out subsection (3). |
|
| |
| | |
| Clause 35, page 23, line 9, leave out subsections (4) and (5) and insert— |
|
| | ‘(4) | The Crown Court, when exercising its jurisdiction in England and Wales under |
|
| | this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 |
|
| | (c. 39) (procedure rules and practice directions).’. |
|
| |
| |
| | |
| Schedule 2, page 54, line 28, leave out paragraph 2. |
|
| |
| | |
| Schedule 2, page 55, line 26, leave out paragraph 7. |
|
| |
| | |
| Schedule 2, page 56, line 17, leave out paragraph 13. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 2, page 57, line 1, leave out paragraph 17. |
|
| |
| |
| | |
| Clause 37, page 23, line 35, at end add— |
|
| | ‘(3) | Notwithstanding this, the rules on admissibility of evidence to be observed in |
|
| | such proceedings shall be the same as those observed in trials on indictment; and |
|
| | no person shall be required in such proceedings to answer any question or to |
|
| | produce any document which he could not be required to answer or produce in |
|
| | similar proceedings in a trial on indictment.’. |
|
| |
| |
| | |
| Clause 38, page 23, line 43, at end insert— |
|
| | ‘(1A) | Where a law enforcement officer has retained an original document under |
|
| | |
| | (a) | on the request of the person who is the subject of the serious crime |
|
| | |
| | (b) | at the request of any person who was given the opportunity to make |
|
| | representations in the proceedings concerned by virtue of section 10(1), |
|
| | (2) or (as the case may be) (3); |
|
| | | provide that person with a copy of the retained document unless, on application |
|
| | of a person mentioned in this subsection, a court to which an application is made |
|
| | |
| |
| |
| | |
| Clause 42, page 25, line 33, at end add ‘; and |
|
| | (c) | his act was unreasonable’. |
|
| |
| |
| | |
|
| Schedule 3, page 58, line 6, at end insert ‘consisting in attempting an act calculated |
|
| or likely to cause sedition or disaffection in contravention of that subsection.’. |
|
| |
| | |
|
| Schedule 3, page 58, line 8, at end insert ‘consisting in attempting to promote |
|
|
|
| |
| |
|
| industrial unrest in contravention of that subsection.’. |
|
| |
| | |
|
| Schedule 3, page 59, line 9, at end insert— |
|
| | ‘Landmines Act 1998 (c. 33) |
|
| | | An offence under section 2(2) of the Landmines Act 1998 (encouraging, |
|
| | assisting or inducing an offence under section 2(1) of that Act).’. |
|
| |
| | |
|
| Schedule 3, page 59, line 9, at end insert— |
|
| | ‘Terrorism Act 2006 (c. 11) |
|
| | | An offence under section 1(2) of the Terrorism Act 2006 (encouraging |
|
| | |
| | | An offence under section 2(1) of that Act (disseminating terrorist |
|
| | |
| | | An offence under section 5 of that Act (engaging in conduct in preparation for |
|
| | giving effect to intention to commit or assisting another to commit acts of |
|
| | |
| | | An offence under section 6(1) of that Act (provision of instruction or training |
|
| | knowing that a person trained or instructed intends to use the skills obtained |
|
| | for or in connection with the commission of acts of terrorism or for assisting |
|
| | the commission or preparation of such acts by others). |
|
| | | An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that |
|
| | subsection (receipt of instruction or training intending to use the skills obtained |
|
| | for assisting the commission or preparation of acts of terrorism by others).’. |
|
| |
| | |
|
| Schedule 3, page 59, line 25, at end insert— |
|
| | ‘Greater London Council (General Powers) Act 1973 (c. xxx) |
|
| | | An offence under section 13 of the Greater London Council (General Powers) |
|
| | Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any |
|
| | person to assault, resist or obstruct an officer of the Thames Water Authority |
|
| | duly exercising or performing any power or duty under a section or byelaw |
|
| | mentioned in that section.’. |
|
| |
| | |
|
| Schedule 3, page 59, line 25, at end insert— |
|
| | ‘Greater London Council (General Powers) Act 1974 (c. xxiv) |
|
| | | An offence under section 21(6) of the Greater London Council (General |
|
| | Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in |
|
| | the aiding or inciting of any person to assault, resist or obstruct an officer of a |
|
| | borough council duly exercising or performing any power or duty under |
|
| | section 21 of that Act.’. |
|
|
|
| |
| |
|
| |
| | |
|
| Schedule 3, page 60, line 1, for ‘13(8)’ substitute ‘13(9)’. |
|
| |
| | |
|
| Schedule 3, page 60, line 2, for ‘13(7)’ substitute ‘13(8)’. |
|
| |
| |
| | |
|
| Schedule 6, page 66, line 41, at end insert— |
|
| | | ‘Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 |
|
| | (c. 25) (meaning of “terrorism offence” for purpose of requirement to hold |
|
| | |
| |
| | |
|
| Schedule 6, page 68, line 12, at end insert— |
|
| | | ‘Paragraph 12(b) of Schedule 1 to the Terrorism Act 2006 (c. 11) (Convention |
|
| | |
| |
| |
| | |
|
| Schedule 7, page 73, line 32, leave out from beginning to end of line 34 and |
|
| |
| | ‘(iv) | a body to which Article 90 of the Health and |
|
| | Personal Social Services (Northern Ireland) Order |
|
| | 1972 (S.I. 1972/1265 (N.I. 14)) applies;’. |
|
| |
| | |
| Schedule 7, page 75, line 11, leave out ‘keep under’. |
|
| |
| | |
| Schedule 7, page 75, line 11, after ‘review’, insert ‘on an annual basis’. |
|
| |
| | |
| Schedule 7, page 75, line 24, at end insert— |
|
| | ‘(5) | No information may be disclosed under Section 63 of the Serious Crime Act |
|
| | 2007 before the publication by the Commission of the code.’. |
|
| |
| | |
|
| Schedule 7, page 78, line 38, leave out from beginning to end of line 40 and |
|
|
|
| |
| |
|
| |
| | ‘(iv) | a body to which Article 90 of the Health and |
|
| | Personal Social Services (Northern Ireland) Order |
|
| | 1972 (S.I. 1972/1265 (N.I. 14)) applies;’. |
|
| |
| | |
|
| Schedule 7, page 84, line 25, leave out from beginning to end of line 27 and |
|
| |
| | ‘(i) | a body to which Article 90 of the Health and |
|
| | Personal Social Services (Northern Ireland) Order |
|
| | |
| |
| |
| | |
| Clause 79, page 43, line 34, leave out ‘or 63’. |
|
| |
| | |
| Clause 79, page 43, line 26, after ‘58(3)’, insert ‘, 63,’. |
|
| |
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘Nothing in this Part authorises— |
|
| | (a) | the disclosure of data contained in— |
|
| | (i) | the National Identity Register (as defined in the Identity Cards |
|
| | |
| | (ii) | any database established pursuant to section 12 of the Children |
|
| | Act 2004 (c. 31) (information databases), or |
|
| | (b) | the use of such data in data matching exercises.’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘(1) | The relevant applicant authority shall inform the High Court in England and |
|
| | Wales of any change in circumstance which may entitle the person who is subject |
|
| | to the order to apply for a variation or discharge. |
|
| | (2) | The relevant applicant authority shall inform the High Court in Northern Ireland |
|
| | of any change in circumstance which may entitle the person who is subject to the |
|
| | order to apply for a variation or discharge.’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | On the expiration of an order the court shall make a new order to the same or |
|
| | |
| | (a) | on the presentation by the applicant authority of new evidence not used |
|
| | as the basis for the original order; and |
|
| | (b) | after a review has been undertaken by the Director of Public Prosecutions |
|
| | of the possibility of criminal prosecution; |
|
| | | the court has reasonable grounds to believe that the making of the order would |
|
| | protect the public by preventing, restricting or disrupting involvement, by the |
|
| | person who is the subject of the order, in serious crime in England and Wales.’. |
|
| |
| | Restrictions relating to renewal of orders |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘A person who has been the subject of an order under section 1 may not be the |
|
| | subject of a second order in the absence of a criminal conviction.’. |
|
| |
| | Central record of serious crime prevention orders |
|
| |
| |
| | |
| To move the following Clause:— |
|
|