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81

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 26th June 2007

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

61-79

 

Public Bill Committee


 

Serious Crime Bill [Lords]

 

Mr Gerry Sutcliffe

 

170

 

Schedule  14,  page  121,  line  41,  at end insert—

 

‘   (1)  

This paragraph applies where, in any proceedings—

 

(a)    

a person (“D”) is charged in respect of the same act both with an

 

offence under section 41 and with the common law offence of inciting

 

the commission of another offence;

 

(b)    

the only thing preventing D from being found guilty of the offence

 

under section 41 is the fact that it has not been proved beyond

 

reasonable doubt that the time when the act took place was after the

 

coming into force of that section; and

 

(c)    

the only thing preventing D from being found guilty of the common

 

law offence is that it has not been proved beyond reasonable doubt that

 

that time was before the coming into force of section 55.

 

      (2)  

For the purpose of determining D’s guilt it shall be conclusively presumed that

 

the time when the act took place was before the coming into force of section

 

41.’.

 

Mr Vernon Coaker

 

171

 

Page  43,  line  8,  leave out Clause 78.

 

Code of practice for disclosure of information to prevent fraud

 

Mr Vernon Coaker

 

nc11

 

To move the following Clause:—


 
 

Notices of Amendments: 26th June 2007                  

82

 

Serious Crime Bill [Lords], continued

 
 

‘(1)    

The Secretary of State must prepare, and keep under review, a code of practice

 

with respect to the disclosure, for the purposes of preventing fraud or a particular

 

kind of fraud, of information by public authorities as members of specified anti-

 

fraud organisations or otherwise in accordance with any arrangements made by

 

such organisations.

 

(2)    

Before preparing or altering the code, the Secretary of State must consult—

 

(a)    

any specified anti-fraud organisation;

 

(b)    

the Information Commissioner; and

 

(c)    

such other persons as the Secretary of State considers appropriate.

 

(3)    

A public authority must have regard to the code in (or in connection with)

 

disclosing information, for the purposes of preventing fraud or a particular kind

 

of fraud, as a member of a specified anti-fraud organisation or otherwise in

 

accordance with any arrangements made by such an organisation.

 

(4)    

Nothing in this section applies in relation to any disclosure by a relevant public

 

authority of information whose subject-matter is a matter about which provision

 

would be within the legislative competence of the Scottish Parliament if it were

 

included in an Act of the Scottish Parliament.

 

(5)    

The Secretary of State must—

 

(a)    

lay a copy of the code, and of any alterations to it, before Parliament; and

 

(b)    

from time to time publish the code as for the time being in force.

 

(6)    

In this section—

 

“information” and “public authority” have the same meaning as in section

 

63;

 

“relevant public authority” has the meaning given by section 63(6); and

 

“specified anti-fraud organisation” means any person which is a specified

 

anti-fraud organisation for the purposes of section 63.’.

 

Nick Herbert

 

172

 

Schedule  3,  page  58,  line  33,  at end insert—

 

‘14A      

An offence under section 1 of the Computer Misuse Act 1990 (unauthorised

 

access to computer material).

 

14B      

An offence under section 2 of the Computer Misuse Act 1990 (unauthorised

 

access with intent to commit or facilitate the commission of further offences).

 

14C      

An offence under section 3 of the Computer Misuse Act 1990 (unauthorised

 

modification of computer material).’.

 

Nick Herbert

 

173

 

Clause  41,  page  25,  line  26,  leave out ‘foreseeable’ and insert ‘reasonable’.

 

Nick Herbert

 

174

 

Clause  43,  page  26,  line  12,  leave out ‘an’ and insert ‘a specified’.

 

Nick Herbert

 

175

 

Clause  17,  page  10,  line  15,  leave out ‘5’ and insert ‘1’.


 
 

Notices of Amendments: 26th June 2007                  

83

 

Serious Crime Bill [Lords], continued

 
 

Nick Herbert

 

176

 

Clause  17,  page  10,  line  22,  leave out ‘5’ and insert ‘1’.

 


 
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