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Notices of Amendments: 22nd June 2007                  

50

 

Serious Crime Bill [Lords], continued

 
 

‘A detailed central record shall be kept of every order made, varied or discharged

 

under Part 1.’.

 


 

Review of serious crime prevention orders

 

Nick Herbert

 

James Brokenshire

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must appoint a person (“the independent reviewer”) to

 

conduct an independent review of the operation of this Part.

 

(2)    

In conducting a review under subsection (1) above the independent reviewer shall

 

have regard to the desirability of minimising the use of serious crime prevention

 

orders except where they are necessary to protect the public by preventing,

 

restricting or disrupting involvement in serious crime in circumstances where

 

prosecutions cannot otherwise be pursued.

 

(3)    

The independent reviewer must send the Secretary of State a report on the

 

outcome of a review under subsection (1) before the end of a period of 12 months

 

beginning with the day on which this Act is passed, and before the end of each

 

subsequent period of 12 months beginning with the day on which the first report

 

was sent to the Secretary of State.

 

(4)    

The Secretary of State must lay before Parliament a copy of each report received

 

under subsection (3) above.’.

 


 

Limitation of serious crime prevention orders

 

Nick Herbert

 

James Brokenshire

 

NC7

 

To move the following Clause:—

 

‘(1)    

Part 1 of this Act and any orders made under it shall expire at the end of the period

 

of 12 months beginning with the day on which this Act is passed unless the

 

Secretary of State makes a renewal order under subsection (2) below.

 

(2)    

No renewal order may be made by the Secretary of State unless it has been laid

 

before, and approved by a resolution of, each House of Parliament.

 

(3)    

A renewal order made under subsection (2) above shall expire at the end of the

 

period of 12 months beginning with the day on which the order is made unless it

 

is renewed by a further renewal order.

 

(4)    

No order may be made under this section unless a report has been laid before

 

Parliament under section [Review of serious crime prevention orders] above.’.

 



 
 

Notices of Amendments: 22nd June 2007                  

51

 

Serious Crime Bill [Lords], continued

 
 

Institution of proceedings for an offence under this Part

 

Mr Gerry Sutcliffe

 

NC8

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

Any provision to which this section applies has effect with respect to an offence

 

under this Part as it has effect with respect to the anticipated offence.

 

(2)    

This section applies to provisions made by or under an enactment (whenever

 

passed or made) that—

 

(a)    

provide that proceedings may not be instituted or carried on otherwise

 

than by, or on behalf or with the consent of, any person (including any

 

provision which also makes exceptions to the prohibition);

 

(b)    

confer power to institute proceedings;

 

(c)    

confer power to seize and detain property;

 

(d)    

confer a power of forfeiture, including any power to deal with anything

 

liable to be forfeited.

 

(3)    

In relation to an offence under section 43—

 

(a)    

the reference in subsection (1) to the anticipated offence is to be read as

 

a reference to any offence specified in the indictment; and

 

(b)    

each of the offences specified in the indictment must be an offence in

 

respect of which the prosecutor has power to institute proceedings.

 

(4)    

Any consent to proceedings required as a result of this section is in addition to

 

any consent required by section 50.’.

 


 

No individual liability in respect of corporate manslaughter

 

Mr Gerry Sutcliffe

 

NC9

 

Parliamentary Star - white    

To move the following Clause:—

 

‘In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007

 

(c. 00) (no individual liability for offences under that Act) after subsection (1)

 

insert—

 

“(1A)    

An individual cannot be guilty of an offence under Part 2 of the Serious

 

Crime Act 2007 (encouraging or assisting crime) by reference to an

 

offence of corporate manslaughter.”’.

 

 

Order of the House [12th June 2007]

 

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

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously


 
 

Notices of Amendments: 22nd June 2007                  

52

 

Serious Crime Bill [Lords], continued

 
 

concluded) be brought to a conclusion on Tuesday 10th July 2007.

 

3.    

The Public Bill 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.

 

 

NOTICE WITHDRAWN

 

Mr Jeremy Browne

 

10

 

Clause  24,  page  15,  line  7,  before ‘not’ insert ‘to discharge or’.

 


 


 

This Amendment was withdrawn on Thursday 21st June 2007.

 


 
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