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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Serious Crime Bill [Lords] |
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| | Role of Information Commissioner |
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| To move the following Clause:— |
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| | ‘(1) | Section 51 of the Data Protection Act 1998 (c.29) (general duties of the |
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| | Commissioner) is amended as follows. |
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| | (2) | In subsection (7), at the beginning insert “Subject to subsection (7A),”. |
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| | (3) | After subsection (7), insert— |
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| | “(7A) | The Information Commissioner may, on his own intiaitive, assess any |
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| | data processing conducted under sections 63 to 67 of the Serious Crime |
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| Page 36, line 45, leave out Clause 66. |
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| Clause 65, page 36, line 6, leave out ‘two’ and insert ‘four’. |
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| Schedule 8, page 94, line 6, at end insert— |
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| | | ‘After section 272(6) (compensation for loss in relation to associated and joint |
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| | “(7) | In subsection (5) the reference to the enforcement authority is, in the |
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| | case of an enforcement authority in relation to England and Wales or |
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| | Northern Ireland, a reference to the enforcement authority which |
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| | obtained the property freezing order or interim receiving order |
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| Schedule 8, page 94, line 13, at end insert— |
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| | | ‘After section 283(9) (compensation) insert— |
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| | “(10) | In the case of an enforcement authority in relation to England and |
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| | Wales or Northern Ireland— |
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| | (a) | the reference in subsection (5) to the enforcement authority is |
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| | a reference to the enforcement authority which obtained the |
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| | property freezing order or interim receiving order concerned, |
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| | (b) | the reference in subsection (8) to the enforcement authority is |
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| | a reference to the enforcement authority which obtained the |
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| | recovery order concerned.”’. |
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| Schedule 8, page 98, line 9, leave out from beginning to end of line 20 and insert— |
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| | | ‘Omit section 376 (evidence overseas).’. |
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| Schedule 8, page 103, line 6, at end insert— |
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| | | ‘In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A) |
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| Schedule 8, page 103, line 32, leave out from ‘paragraph’ to ‘conferred’ in line 33 |
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| and insert ‘(fe), insert— |
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| | (ff) | to discharge such duties as are’. |
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| Schedule 8, page 105, line 8, at end insert— |
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| | | ‘After section 60ZA(6) of that Act (SOCA) insert— |
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| | “(7) | An agreement or order under this section must not provide for |
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| | procedures in relation to so much of any complaint or matter as relates |
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| | to any functions of the Agency mentioned in section 2A of the Serious |
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| | Organised Crime and Police Act 2005 (c. 15) (functions as to the |
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| Schedule 8, page 105, line 15, at end insert— |
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| | ‘Police Reform Act 2002 (c. 30) |
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| | | After section 10(8) of the Police Reform Act 2002 (c. 30) (general functions of |
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| | the Independent Police Complaints Commission) insert— |
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| | “(9) | Nothing in this Part shall confer any function on the Commission in |
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| | relation to so much of any complaint, conduct matter or DSI matter as |
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| | (a) | any functions of the Serious Organised Crime Agency |
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| | mentioned in section 2A of the Serious Organised Crime and |
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| | Police Act 2005 (c. 15) (functions as to the recovery of |
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| | (b) | the functions of the National Policing Improvement Agency |
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| | under section 3 of the Proceeds of Crime Act 2002 (c. 29) |
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| | (accreditation and training of financial investigators).” |
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| | | After section 26A(4) of that Act (SOCA) insert— |
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| | “(4A) | An agreement under this section must not provide for procedures in |
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| | relation to so much of any complaint, conduct matter or DSI matter as |
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| | relates to any functions of the Agency mentioned in section 2A of the |
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| | Serious Organised Crime and Police Act 2005 (c. 15) (functions as to |
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| | the recovery of assets).” |
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| | | After section 26B(4) of that Act (National Policing Improvement Agency) |
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| | “(4A) | An agreement under this section must not provide for procedures in |
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| | relation to so much of any complaint, conduct matter or DSI matter as |
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| | relates to the functions of the Agency under section 3 of the Proceeds |
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| | of Crime Act 2002 (c. 29) (accreditation and training of financial |
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| Schedule 8, page 105, line 28, at end insert— |
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| | | ‘In section 37(1) of that Act (prosecutors) after “section 35” insert “(including |
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| | any function mentioned in subsection (4A) of that section)”.’. |
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| Schedule 8, page 106, line 31, at end insert— |
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| | ‘(1) | Section 5 of that Act (SOCA’s general powers) is amended as follows. |
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| | (2) | In subsection (2)(d) after “or 3” insert “or mentioned in section 2A,”. |
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| | (3) | In subsection (3) after “3” insert “or mentioned in section 2A”. |
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| | (4) | In subsection (4) after “section” insert “2A or”.’. |
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| Clause 79, page 43, line 18, after ‘Secretary of State’, insert ‘, the Treasury’. |
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| Clause 79, page 43, line 20, after ‘Secretary of State’, insert ‘or the Treasury’. |
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| Clause 79, page 43, line 25, after ‘Secretary of State’, insert ‘or (as the case may |
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| Clause 79, page 43, line 34, leave out ‘or 63’ and insert ‘, 63 or (Disclosure of |
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| information by Revenue and Customs)’. |
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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 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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| | 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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| | “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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| Title, line 3, after ‘fraud’, insert ‘or for purposes relating to proceeds of crime’. |
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| Title, line 9, after ‘investigators’, insert ‘, management receivers and enforcement |
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| Clause 68, page 37, line 41, at end insert— |
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| | ‘(3A) | The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows. |
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| | (3B) | After section 7(6), insert— |
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| | “(6a) | It shall be the duty of the Secretary of State to make a motion in the House |
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| | of Commons in respect of the annual report laid under subsection (6) |
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| | within three months of the date on which the report was laid.”. |
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| | (3C) | And after section 7(7), insert— |
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| | “(7a) | It shall be the duty of Scottish Ministers to make a motion in the Scottish |
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| | Parliament in respect of the annual report laid under subsection (7) within |
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| | three months of the date on which the report was laid.”.’. |
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| Clause 79, page 43, line 34, after ‘29(6) or (11),’, insert ‘(Powers to wind up: |
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| Clause 83, page 44, line 32, leave out ‘29’ and insert ‘(Powers to wind up: |
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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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