House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

107

House of Commons

Notices of Amendments

given on

Thursday 28th June 2007

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

88-105

Public Bill Committee

Serious Crime Bill [Lords]

Role of Information Commissioner

Nick Herbert

nc12

To move the following Clause:—

‘(1)
Section 51 of the Data Protection Act 1998 (c.29) (general duties of the

Commissioner) is amended as follows.

(2)
In subsection (7), at the beginning insert “Subject to subsection (7A),”.

(3)
After subsection (7), insert—

“(7A)
The Information Commissioner may, on his own intiaitive, assess any

data processing conducted under sections 63 to 67 of the Serious Crime

Act 2007.”’.

Nick Herbert

177

Page  36,  line  45,  leave out Clause 66.

Nick Herbert

178

Clause  65,  page  36,  line  6,  leave out ‘two’ and insert ‘four’.

Mr Vernon Coaker

179

Schedule  8,  page  94,  line  6,  at end insert—


‘After section 272(6) (compensation for loss in relation to associated and joint

property) insert—

Notices of Amendments: 28th June 2007
108

Serious Crime Bill [Lords], continued

“(7)
In subsection (5) the reference to the enforcement authority is, in the

case of an enforcement authority in relation to England and Wales or

Northern Ireland, a reference to the enforcement authority which

obtained the property freezing order or interim receiving order

concerned.”’.

Mr Vernon Coaker

180

Schedule  8,  page  94,  line  13,  at end insert—


‘After section 283(9) (compensation) insert—

“(10)
In the case of an enforcement authority in relation to England and

Wales or Northern Ireland—

(a)
the reference in subsection (5) to the enforcement authority is

a reference to the enforcement authority which obtained the

property freezing order or interim receiving order concerned,

and

(b)
the reference in subsection (8) to the enforcement authority is

a reference to the enforcement authority which obtained the

recovery order concerned.”’.

Mr Vernon Coaker

181

Schedule  8,  page  98,  line  9,  leave out from beginning to end of line 20 and insert—


‘Omit section 376 (evidence overseas).’.

Mr Vernon Coaker

182

Schedule  8,  page  103,  line  6,  at end insert—


‘In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A)

of this Act,”.’.

Mr Vernon Coaker

183

Schedule  8,  page  103,  line  32,  leave out from ‘paragraph’ to ‘conferred’ in line 33

and insert ‘(fe), insert—

(ff)
to discharge such duties as are’.

Mr Vernon Coaker

184

Schedule  8,  page  105,  line  8,  at end insert—


‘After section 60ZA(6) of that Act (SOCA) insert—

“(7)
An agreement or order under this section must not provide for

procedures in relation to so much of any complaint or matter as relates

to any functions of the Agency mentioned in section 2A of the Serious

Organised Crime and Police Act 2005 (c. 15) (functions as to the

recovery of assets).”’.

Mr Vernon Coaker

185

Schedule  8,  page  105,  line  15,  at end insert—

Notices of Amendments: 28th June 2007
109

Serious Crime Bill [Lords], continued

‘Police Reform Act 2002 (c. 30)


After section 10(8) of the Police Reform Act 2002 (c. 30) (general functions of

the Independent Police Complaints Commission) insert—

“(9)
Nothing in this Part shall confer any function on the Commission in

relation to so much of any complaint, conduct matter or DSI matter as

relates to—

(a)
any functions of the Serious Organised Crime Agency

mentioned in section 2A of the Serious Organised Crime and

Police Act 2005 (c. 15) (functions as to the recovery of

assets); or

(b)
the functions of the National Policing Improvement Agency

under section 3 of the Proceeds of Crime Act 2002 (c. 29)

(accreditation and training of financial investigators).”


After section 26A(4) of that Act (SOCA) insert—

“(4A)
An agreement under this section must not provide for procedures in

relation to so much of any complaint, conduct matter or DSI matter as

relates to any functions of the Agency mentioned in section 2A of the

Serious Organised Crime and Police Act 2005 (c. 15) (functions as to

the recovery of assets).”


After section 26B(4) of that Act (National Policing Improvement Agency)

insert—

“(4A)
An agreement under this section must not provide for procedures in

relation to so much of any complaint, conduct matter or DSI matter as

relates to the functions of the Agency under section 3 of the Proceeds

of Crime Act 2002 (c. 29) (accreditation and training of financial

investigators).”’.

Mr Vernon Coaker

186

Schedule  8,  page  105,  line  28,  at end insert—


‘In section 37(1) of that Act (prosecutors) after “section 35” insert “(including

any function mentioned in subsection (4A) of that section)”.’.

Mr Vernon Coaker

187

Schedule  8,  page  106,  line  31,  at end insert—

  ‘(1)
Section 5 of that Act (SOCA’s general powers) is amended as follows.

      (2)
In subsection (2)(d) after “or 3” insert “or mentioned in section 2A,”.

      (3)
In subsection (3) after “3” insert “or mentioned in section 2A”.

      (4)
In subsection (4) after “section” insert “2A or”.’.

Mr Vernon Coaker

188

Clause  79,  page  43,  line  18,  after ‘Secretary of State’, insert ‘, the Treasury’.

Mr Vernon Coaker

189

Clause  79,  page  43,  line  20,  after ‘Secretary of State’, insert ‘or the Treasury’.

Notices of Amendments: 28th June 2007
110

Serious Crime Bill [Lords], continued

Mr Vernon Coaker

190

Clause  79,  page  43,  line  25,  after ‘Secretary of State’, insert ‘or (as the case may

be) the Treasury’.

Mr Vernon Coaker

191

Clause  79,  page  43,  line  34,  leave out ‘or 63’ and insert ‘, 63 or (Disclosure of

information by Revenue and Customs)’.

Mr Vernon Coaker

192

Schedule  15,  page  122,  line  33,  column 2, at end insert—

‘In section 51(1A), the words “, subject to section

33(1A) of this Act,”.’.

Mr Vernon Coaker

193

Schedule  15,  page  127,  line  38,  column 2, at end insert—

‘Section 376.’.

Mr Vernon Coaker

194

Clause  83,  page  44,  line  27,  after ‘(2);’, insert—

‘( )
section (Powers of management receivers and enforcement receivers)(1)

and (2);’.

Mr Vernon Coaker

195

Clause  83,  page  45,  line  6,  after ‘(4);’, insert—

‘( )
section (Powers of management receivers and enforcement receivers)(3)

and (4);’.

Mr Vernon Coaker

196

Clause  85,  page  45,  line  41,  leave out subsection (2).

Powers of management receivers and enforcement receivers

Mr Vernon Coaker

nc13

To move the following Clause:—

‘(1)
After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for

persons to make representations before powers conferred on management

receivers to manage or otherwise deal with property: England and Wales)

insert—

“(8A)
Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

(a)
is perishable; or

Notices of Amendments: 28th June 2007
111

Serious Crime Bill [Lords], continued

(b)
ought to be disposed of before its value diminishes.”

(2)
After section 51(8) of that Act (opportunity for persons to make representations

before powers conferred on enforcement receivers to manage or otherwise deal

with property: England and Wales) insert—

“(8A)
Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

(a)
is perishable; or

(b)
ought to be disposed of before its value diminishes.”

(3)
After section 197(8) of that Act (opportunity for persons to make representations

before powers conferred on management receivers to manage or otherwise deal

with property: Northern Ireland) insert—

“(8A)
Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

(a)
is perishable; or

(b)
ought to be disposed of before its value diminishes.”

(4)
After section 199(8) of that Act (opportunity for persons to make representations

before powers conferred on enforcement receivers to manage or otherwise deal

with property: Northern Ireland) insert—

“(8A)
Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

(a)
is perishable; or

(b)
ought to be disposed of before its value diminishes.”’.

Disclosure of information by Revenue and Customs

Mr Vernon Coaker

nc14

To move the following Clause:—

‘(1)
This section applies to information held as mentioned in section 18(1) of the

Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).

(2)
Information to which this section applies may be disclosed by or with the

authority of the Commissioners of Revenue and Customs—

(a)
to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of

enabling or assisting the CAB to exercise any of its functions in

connection with any matter within subsection (3); or

(b)
to any specified public authority (in the United Kingdom or elsewhere)—

(i)
for the purpose of enabling or assisting the public authority to

exercise any of its functions in connection with any matter within

subsection (3); or

(ii)
(if the specifying order so provides) for the purpose of enabling

or assisting the public authority to exercise any of its functions

in connection with any matter within that subsection that is

specified, or of a description specified, in the order.

(3)
The matters within this subsection are—

(a)
the identification of proceeds of crime;

(b)
the bringing of civil proceedings for enforcement purposes in relation to

proceeds of crime; and

(c)
the taking of other action in relation to proceeds of crime.

Notices of Amendments: 28th June 2007
112

Serious Crime Bill [Lords], continued

(4)
Information disclosed in accordance with subsection (2) must not be further

disclosed except—

(a)
in connection with the exercise of any of the functions of the CAB or a

specified public authority in connection with any matter within

subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is

mentioned there); and

(b)
with the consent of the Commissioners of Revenue and Customs or an

authorised officer of the Commissioners of Revenue and Customs.

(5)
For the purposes of this section any consent or authorisation may be general or

specific.

(6)
If a person in the United Kingdom discloses, in contravention of subsection (4),

any revenue and customs information relating to a person whose identity—

(a)
is specified in the disclosure; or

(b)
can be deduced from it;


section 19 of the 2005 Act (wrongful disclosure) applies in relation to that

disclosure as it applies in relation to a disclosure of such information in

contravention of section 20(9) of that Act.

(7)
Any reference in this section to a disclosure to the CAB or a specified public

authority is a reference to a disclosure to such person, or to persons of such

description, as may be specified in relation to the CAB or the public authority (as

the case may be).

(8)
Nothing in this section authorises any disclosure of information which—

(a)
contravenes the Data Protection Act 1998 (c. 29); or

(b)
is prohibited by Part 1 of the Regulation of Investigatory Powers Act

2000 (c. 23).

(9)
In this section—

“the 2005 Act” means the Commissioners for Revenue and Customs Act

2005 (c. 11);

“assets” means property of any description, wherever situated;

“civil proceedings” means civil proceedings of whatever nature and

whether brought in the United Kingdom or elsewhere;

“Commissioners of Revenue and Customs” means the Commissioners for

Her Majesty’s Revenue and Customs;

“enforcement purposes”, in relation to the proceeds of crime, means with a

view to—

(a)
recovering, forfeiting or freezing assets constituting proceeds of

crime; or

(b)
otherwise depriving persons (to any extent) of, or of access to,

such assets or the benefit of such assets;

“functions” includes powers, duties and objectives, and references to the

exercise of functions include the pursuit of objectives;

“proceeds of crime” means assets derived, or suspected to be derived,

directly or indirectly from criminal conduct (wherever occurring);

“public authority” means any body or person discharging functions of a

public nature;

“revenue and customs information relating to a person” has the meaning

given by section 19(2) of the 2005 Act;

“specified” means specified in an order made by the Treasury; and

“the specifying order”, in relation to a specified public authority, means the

order specifying the authority for the purposes of this section.’.

Notices of Amendments: 28th June 2007
113

Serious Crime Bill [Lords], continued

Mr Vernon Coaker

197

Title,  line  3,  after ‘fraud’, insert ‘or for purposes relating to proceeds of crime’.

Mr Vernon Coaker

198

Title,  line  9,  after ‘investigators’, insert ‘, management receivers and enforcement

receivers,’.

Nick Herbert

199

Clause  68,  page  37,  line  41,  at end insert—

‘(3A)
The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

(3B)
After section 7(6), insert—

“(6a)
It shall be the duty of the Secretary of State to make a motion in the House

of Commons in respect of the annual report laid under subsection (6)

within three months of the date on which the report was laid.”.

(3C)
And after section 7(7), insert—

“(7a)
It shall be the duty of Scottish Ministers to make a motion in the Scottish

Parliament in respect of the annual report laid under subsection (7) within

three months of the date on which the report was laid.”.’.

Mr Vernon Coaker

200

Clause  79,  page  43,  line  34,  after ‘29(6) or (11),’, insert ‘(Powers to wind up:

supplementary),’.

Mr Vernon Coaker

201

Clause  83,  page  44,  line  32,  leave out ‘29’ and insert ‘(Powers to wind up:

supplementary)’.

Powers to wind up: supplementary

Mr Vernon Coaker

NC15

To move the following Clause:—

‘(1)
The Secretary of State may by order make such modifications as he considers

appropriate to the application of—

(a)
the Insolvency Act 1986 (c. 45) by virtue of section 28(2); or

(b)
the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))

by virtue of section 29(2).

(2)
Any modifications made by virtue of subsection (1) are in addition to the

modifications made by section 28(3) and (4) or (as the case may be) section 29(3)

and (4).

(3)
The Secretary of State may by order make such consequential or supplementary

provision, applying with or without modifications any provision made by or

under an enactment, as he considers appropriate in connection with section 28(2)

to (4) or 29(2) to (4).