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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| Serious Crime Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [26th June 2007]. |
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| Clause 5, page 5, line 5, leave out subsection (2). |
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| Clause 5, page 5, line 7, leave out ‘ignore’. |
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| Clause 5, page 5, line 8, at beginning insert ‘ignore’. |
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| Clause 5, page 5, line 10, leave out paragraph (b). |
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| Clause 5, page 5, line 10, leave out ‘subject to this’ and insert ‘have regard to’. |
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| Clause 5, page 5, line 12, leave out subsection (3). |
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| Clause 5, page 5, line 15, leave out ‘ignore’. |
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| Clause 5, page 5, line 16, at beginning insert ‘ignore’. |
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| Clause 5, page 5, line 18, leave out ‘subject to this’ and insert ‘have regard to’. |
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| Clause 5, page 5, line 20, leave out subsection (4). |
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| Clause 6, page 5, leave out lines 22 to 24 and insert— |
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| | ‘(1) | The Court may make orders specified in subsections (3), (4) and (5) below.’. |
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| Clause 6, page 5, line 29, leave out ‘Examples of’. |
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| Clause 6, page 5, line 31, after ‘orders’, insert ‘may’. |
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| Clause 6, page 5, line 40, leave out ‘Examples of’. |
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| Clause 6, page 5, line 42, after ‘orders’, insert ‘may’. |
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| Clause 6, page 6, line 4, leave out ‘Examples of’. |
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| Clause 6, page 6, line 5, after ‘orders’, insert ‘may’. |
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| Clause 6, page 6, line 25, leave out from ‘orders’ to ‘prohibitions’ in line 27 and |
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| insert ‘may not include’. |
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| Clause 10, page 7, line 20, at end insert— |
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| | ‘(1A) | No serious crime prevention order shall be made unless the High Court is satisfied |
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| | that it would be fair to the person making representations under subsection (1) and |
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| | was proportionate having regard to the interests of that person and to the public |
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| Clause 10, page 7, line 26, at end insert— |
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| | ‘(2A) | No variation of a serious crime order may be made unless the High Court is |
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| | satisfied that the variation would be fair to the person making representations |
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| | under subsection (2) and was proportionate having regard to the interests of that |
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| | person and to the public interest.’. |
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| Clause 10, page 7, line 32, at end insert— |
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| | ‘(3A) | No serious crime order shall be discharged, in whole or in part, if the High Court |
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| | considers the discharge to be unfair to the person making representations under |
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| | subsection (3) or to any person affected by it, or disproportionate having regard |
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| | to the interests of any person and to the public interest.’. |
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| Clause 11, page 8, line 7, at end insert— |
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| | ‘(1A) | The subject of a serious crime prevention order is not bound by it unless, not less |
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| | than 56 days before the date on which the application for the making of the order |
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| | was heard, the subject was served with a notice setting out the terms of the |
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| | proposed order together with a copy of all the written evidence and a summary of |
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| | all the oral evidence that would be relied upon.’. |
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| Clause 11, page 8, line 11, at end insert ‘but if a court is satisfied that the subject of |
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| a serious crime prevention order has not received that notice and is not otherwise aware |
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| of its terms, the notice shall be deemed not to have been served.’. |
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| Clause 15, page 9, line 29, at end insert ‘or non-disclosure is authorised under any |
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| Clause 17, page 10, line 15, leave out ‘5 years’ and insert ‘1 year’. |
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| Clause 17, page 10, line 22, leave out ‘5 years’ and insert ‘1 year’. |
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| Clause 17, page 10, line 24, leave out subsections (5) and (6). |
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| Clause 17, page 10, line 24, leave out ‘does not’ and insert ‘shall’. |
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| Clause 17, page 10, line 25, at end insert ‘unless a period of not less than 12 months |
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| has elapsed since the date when the order, or any provision of an order, ceases to be in |
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| Clause 18, page 10, line 29, at beginning insert ‘Subject to subsections (4) and |
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| Clause 18, page 11, line 4, at end insert— |
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| | ‘(4A) | If a change in circumstances is identified under subsection (4), the court may vary |
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| | the serious crime prevention order to the extent that the court considers that the |
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| | order has become unfair to the subject of the order or that the terms of the order |
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| | are disproportionate having regard to that person’s interests or to the public |
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| Clause 19, page 11, line 41, at end insert— |
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| | ‘(3A) | If a change in circumstances is identified under subsection (3) and the court |
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| | considers that the order or any provision thereof has— |
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| | (a) | become unfair to the subject of the order, or |
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| | (b) | disproportionate having regard to the interests of that person and the |
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| | | the court may discharge the order or any provision thereof to the extent that it |
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| Clause 20, page 12, line 19, leave out paragraph (a). |
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| Clause 20, page 12, line 23, leave out ‘a serious’ and insert ‘an’. |
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| Clause 20, page 12, line 23, at end insert ‘in respect of which has been sentenced to |
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| an immediate term of imprisonment of not less than seven years and to whom section |
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| 1(ab) of this Act applies’. |
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| Clause 20, page 12, line 25, leave out ‘it has reasonable grounds to believe’ and |
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| insert ‘is satisfied beyond reasonable doubt’. |
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| Clause 20, page 12, line 38, leave out ‘appropriate’ and insert ‘necessary, just and |
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| Clause 20, page 12, line 44, leave out from ‘concerned;’ to the end of line 1 on page |
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| Clause 21, page 13, line 7, leave out ‘a serious’ and insert ‘an’. |
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| Clause 21, page 13, line 10, leave out ‘a serious’ and insert ‘an’. |
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| Clause 21, page 13, line 15, leave out ‘has reasonable grounds to believe’ and |
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| insert ‘is satisfied beyond reasonable doubt’. |
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| Clause 21, page 13, line 17, at end insert ‘or if it considers that there has been a |
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| change of circumstances and that, by reason of that change, the order has become unfair |
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| to any person affected by it including the person who is the subject of the order’. |
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| Clause 21, page 13, line 29, at end insert ‘or by the person who is the subject of the |
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| Clause 24, page 15, line 9, at end insert— |
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| | ‘(1A) | An appeal against a decision of the High Court in relation to a serious crime |
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| | prevention order may be made to the Court of Appeal by— |
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| | (a) | the person who is the subject of the order; |
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| | (b) | the relevant applicant authority; or |
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| | (c) | by any person who was given an opportunity to make representations in |
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| | the proceedings concerned by virtue of section 10(1), (2) or (as the case |
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| Clause 27, page 16, line 4, at end insert ‘only where the court considers it just and |
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| proportionate to make such an order of forfeiture’. |
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| Clause 28, page 16, line 28, after ‘to’, insert ‘— |
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| Clause 28, page 16, line 29, leave out ‘as if it were’ and insert ‘; and |
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| | (b) | the company’s winding up; |
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| | | as it applies in relation to’. |
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| Clause 28, page 16, line 30, leave out ‘(petition for’ and insert ‘for the winding up |
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| of a company and the company’s winding up (’. |
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| Clause 28, page 16, line 43, leave out ‘has effect’ and insert ‘applies for the |
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| purposes of this section’. |
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| Clause 28, page 17, line 2, after ‘appropriate,’, insert ‘in relation’. |
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| Clause 28, page 17, line 3, at end insert ‘and the relevant body’s winding up’. |
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| Clause 28, page 17, line 9, at end insert— |
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| | ‘( ) | No petition may be presented to, or order to wind up made by, a court in Scotland |
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| | by virtue of this section in respect of a company, partnership or relevant body |
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| | whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 |
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| Clause 28, page 17, line 28, leave out ‘Scotland or’. |
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| Clause 29, page 18, line 8, after ‘to’, insert ‘— |
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| Clause 29, page 18, line 8, leave out ‘as if it were’ and insert ‘; and |
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| | (b) | the company’s winding up; |
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| | | as it applies in relation to’. |
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