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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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| Schedule 8, page 97, line 14, leave out from beginning to ‘for’ and insert— |
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| | ‘(1) | Section 352 (search and seizure warrants) is amended as follows. |
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| | (2) | In subsection (5)(b)’. |
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| Schedule 8, page 97, line 15, after second ‘staff’, insert ‘or of the staff of the |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | In this Part “relevant Director”— |
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| | (a) | in relation to England and Wales, means the Director of Public |
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| | Prosecutions, the Director of Revenue and Customs |
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| | Prosecutions or the Director of the Serious Fraud Office; and |
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| | (b) | in relation to Northern Ireland, means the Director of the |
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| | Serious Fraud Office or the Director of Public Prosecutions |
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| Schedule 8, page 97, line 17, after second ‘staff’, insert ‘or of the staff of the |
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| Schedule 8, page 97, line 21, leave out ‘a member of SOCA’s staff’ and insert ‘an |
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| Schedule 8, page 97, line 23, leave out ‘a member of SOCA’s staff’ and insert ‘the |
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| Schedule 8, page 97, line 23, at end insert— |
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| | ‘( ) | After subsection (2) insert— |
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| | “(2A) | The relevant authority may only make an application for a disclosure |
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| | order in relation to a confiscation investigation if the relevant authority |
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| | is in receipt of a request to do so from an appropriate officer.”’. |
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| Schedule 8, page 97, line 24, leave out ‘a member of SOCA’s staff’ and insert ‘an |
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| Schedule 8, page 97, line 26, leave out ‘a member of SOCA’s staff’ and insert ‘an |
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| Schedule 8, page 97, line 29, leave out ‘member of SOCA’s staff’ and insert |
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| Schedule 8, page 97, line 30, leave out ‘member of SOCA’s staff’ and insert |
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| Schedule 8, page 97, line 31, at end insert— |
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| | ‘( ) | After subsection (6) insert— |
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| | “(7) | In this Part “relevant authority” means— |
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| | (a) | in relation to a confiscation investigation, a prosecutor; and |
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| | (b) | in relation to a civil recovery investigation, a member of |
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| | SOCA’s staff or the relevant Director. |
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| | (8) | For the purposes of subsection (7)(a) a prosecutor is— |
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| | (a) | in relation to a confiscation investigation carried out by a |
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| | member of SOCA’s staff, the relevant Director or any |
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| | (b) | in relation to a confiscation investigation carried out by an |
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| | accredited financial investigator, the Director of Public |
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| | Prosecutions, the Director of Public Prosecutions for Northern |
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| | Ireland or any specified person; |
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| | (c) | in relation to a confiscation investigation carried out by a |
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| | constable, the Director of Public Prosecutions, the Director of |
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| | Public Prosecutions for Northern Ireland, the Director of the |
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| | Serious Fraud Office or any specified person; and |
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| | (d) | in relation to a confiscation investigation carried out by an |
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| | officer of Revenue and Customs, the Director of Revenue and |
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| | Customs Prosecutions, the Director of Public Prosecutions for |
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| | Northern Ireland or any specified person. |
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| | (9) | In subsection (8) “specified person” means any person specified, or |
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| | falling within a description specified, by an order of the Secretary of |
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| Schedule 8, page 97, line 33, leave out ‘A member of SOCA’s staff’ and insert ‘An |
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| Schedule 8, page 97, line 34, leave out ‘a member of SOCA’s staff’ and insert ‘an |
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| Schedule 8, page 97, line 35, leave out from beginning to end of line 36 and |
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| | (1) | Section 362 (supplementary) is amended as follows. |
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| | (2) | In subsection (3)(a) for “Director” substitute “person who applied for the |
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| | (3) | After subsection (4) insert— |
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| | “(4A) | If a member of SOCA’s staff or a person falling within a description |
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| | of persons specified by virtue of section 357(9) applies for a disclosure |
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| | order, an application to discharge or vary the order need not be by the |
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| | same member of SOCA’s staff or (as the case may be) the same person |
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| | falling within that description. |
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| | (4B) | References to a person who applied for a disclosure order must be |
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| | (4) | In subsection (5) for “(4)” substitute “(4B)”.’. |
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| Schedule 8, page 98, line 21, leave out from beginning to end of line and insert— |
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| | (1) | Section 377 (code of practice) is amended as follows. |
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| | (2) | In the heading after “practice” insert “of Secretary of State etc.”. |
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| Schedule 8, page 98, line 25, at end insert— |
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| | (a) | after “officer” insert “or the relevant authority”; and |
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| | (b) | for “he” substitute “either”.’. |
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| Schedule 8, page 98, line 25, at end insert— |
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| | | ‘After section 377 (code of practice of Secretary of State etc.) insert— |
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| | “377A | Code of practice of Attorney General or Advocate General for |
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| | (1) | The Attorney General must prepare a code of practice as to— |
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| | (a) | the exercise by the Director of Public Prosecutions, the |
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| | Director of Revenue and Customs Prosecutions and the |
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| | Director of the Serious Fraud Office of functions they have |
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| | (b) | the exercise by any other person, who is the relevant authority |
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| | by virtue of section 357(9) in relation to a confiscation |
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| | investigation, of functions he has under this Chapter in |
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| | relation to England and Wales as the relevant authority. |
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| | (2) | The Advocate General for Northern Ireland must prepare a code of |
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| | (a) | the exercise by the Director of Public Prosecutions for |
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| | Northern Ireland of functions he has under this Chapter; and |
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| | (b) | the exercise by any other person, who is the relevant authority |
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| | by virtue of section 357(9) in relation to a confiscation |
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| | investigation, of functions he has under this Chapter in |
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| | relation to Northern Ireland as the relevant authority. |
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| | (3) | After preparing a draft of the code the Attorney General or (as the case |
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| | may be) the Advocate General for Northern Ireland— |
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| | (a) | must publish the draft; |
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| | (b) | must consider any representations made to him about the |
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| | (c) | may amend the draft accordingly. |
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| | (4) | After the Attorney General or the Advocate General for Northern |
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| | Ireland has proceeded under subsection (3) he must lay the code before |
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| | (5) | When the code has been so laid the Attorney General or (as the case |
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| | may be) the Advocate General for Northern Ireland may bring the |
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| | code into operation on such day as he may appoint by order. |
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| | (6) | A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must |
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| | comply with a code of practice which is in operation under this section |
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| | in the exercise of any function he has under this Chapter to which the |
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| | (7) | If such a person fails to comply with any provision of such a code of |
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| | practice the person is not by reason only of that failure liable in any |
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| | criminal or civil proceedings. |
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| | (8) | But the code of practice is admissible in evidence in such proceedings |
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| | and a court may take account of any failure to comply with its |
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| | provisions in determining any question in the proceedings. |
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| | (9) | The Attorney General or (as the case may be) the Advocate General |
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| | for Northern Ireland may from time to time revise a code previously |
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| | brought into operation under this section; and the preceding provisions |
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| | of this section apply to a revised code as they apply to the code as first |
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| | (10) | In this section references to the Advocate General for Northern Ireland |
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| | are to be read, before the coming into force of section 27(1) of the |
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| | Justice (Northern Ireland) Act 2002 (c. 26), as references to the |
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| | Attorney General for Northern Ireland.”’. |
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| Schedule 8, page 98, line 32, after ‘staff’, insert ‘or the relevant Director’. |
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| Schedule 8, page 99, line 3, after ‘provisions)’, insert ‘— |
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| | (a) | after the entry for production order insert— |
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| | “relevant authority: section 357(7) to (9) |
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| | relevant Director: section 352(5A)”; and |
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| Schedule 8, page 99, line 4, at end insert— |
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| | ‘114A | After section 449 (pseudonyms) insert— |
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| | “449A | Staff of relevant Directors: pseudonyms |
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| | (1) | This section applies to a member of the staff of the relevant Director |
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| | (a) | the member is to exercise a function as a member of that staff |
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| | under, or in relation to, Part 8; and |
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| | (b) | it is necessary or expedient for the purpose of exercising that |
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| | function for the member of staff to identify himself by name. |
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| | (2) | The relevant Director may direct that such a member of staff may for |
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| | that purpose identify himself by means of a pseudonym. |
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| | (3) | For the purposes of any proceedings or application under this Act, a |
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| | certificate signed by the relevant Director which sufficiently identifies |
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| | the member of staff by reference to the pseudonym is conclusive |
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| | evidence that that member of staff is authorised to use the pseudonym. |
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| | (4) | In any proceedings or application under this Act a member of the staff |
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| | of the relevant Director in respect of whom a direction under this |
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| | section is in force must not be asked (and if asked is not required to |
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| | answer) any question which is likely to reveal his true identity. |
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| | (5) | The relevant Director may not delegate the exercise of his functions |
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| | under this section or otherwise authorise another person to exercise |
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| | those functions on his behalf. |
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| | (6) | In this section “relevant Director” has the meaning given by section |
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| Schedule 8, page 99, line 4, at end insert— |
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| | ‘114B (1) | Section 459 (orders and regulations) is amended as follows. |
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| | (2) | In subsection (3) after “instrument” insert “(other than the power of the |
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| | Advocate General for Northern Ireland to make an order under section |
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| | 377A(5) which is exercisable by statutory rule for the purposes of the Statutory |
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| | Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))”. |
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| | (3) | In subsection (4)(a) after “377(4)” insert “, 377A(5)”. |
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| | (4) | After subsection (6)(a) insert— |
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| | “(aa) | by the Attorney General or the Advocate General for Northern |
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| | Ireland under section 377A(5) unless a draft of the order has |
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| | been laid before Parliament and approved by a resolution of |
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| | (5) | After subsection (7) insert— |
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| | “(8) | In this section references to the Advocate General for Northern Ireland |
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| | are to be read, before the coming into force of section 27(1) of the |
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| | Justice (Northern Ireland) Act 2002 (c. 26), as references to the |
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| | Attorney General for Northern Ireland.”’. |
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| Schedule 8, page 100, leave out lines 6 to 11. |
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| Schedule 8, page 100, line 12, leave out ‘References’ and insert ‘The reference’. |
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| Schedule 8, page 100, line 13, leave out ‘are’ and insert ‘is’. |
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| Schedule 8, page 100, line 14, leave out ‘references’ and insert ‘a reference’. |
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| Schedule 8, page 100, line 31, after ‘Part 5’, insert ‘or 8’. |
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| Schedule 8, page 100, line 34, after ‘Part 5’, insert ‘or 8’. |
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| Schedule 8, page 100, line 37, after ‘Part 5’, insert ‘or 8’. |
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| Schedule 8, page 101, line 31, leave out from beginning to end of line 32 and |
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| | (1) | Section 443 (enforcement in different parts of the United Kingdom) is |
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| | (2) | In subsection (3)(a) for “and the Director” substitute “, SOCA and the relevant |
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| | (3) | After subsection (4) insert— |
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| | “(5) | In this section “relevant Director” has the meaning given by section |
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| Schedule 8, page 101, line 36, after ‘SOCA’, insert ‘, the Director of Public |
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| Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of |
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| Revenue and Customs Prosecutions’. |
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| Schedule 8, page 103, line 34, after ‘Part 5’, insert ‘or 8’. |
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| Schedule 8, page 103, line 35, after ‘conduct’, insert ‘, civil recovery investigations |
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| and disclosure orders in relation to confiscation investigations’. |
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| Schedule 8, page 104, line 15, after ‘Part 5’, insert ‘or 8’. |
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| Schedule 8, page 104, line 16, after ‘conduct’, insert ‘, civil recovery investigations |
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| and disclosure orders in relation to confiscation investigations’. |
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| Schedule 8, page 105, line 8, at end insert— |
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| | ‘Northern Ireland Act 1998 (c. 47) |
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| | (1) | In section 75(4A) of the Northern Ireland Act 1998 (c. 47) (statutory duty on |
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| | public authorities) after “offences” insert “or any of the functions conferred on |
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| | him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) |
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| | (civil recovery of the proceeds etc. of unlawful conduct, civil recovery |
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| | investigations and disclosure orders in relation to confiscation |
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| | (2) | After section 76(10) of that Act (discrimination by public authorities) insert— |
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| | “(11) | The reference in subsection (1) to the functions of the Director of |
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| | Public Prosecutions for Northern Ireland does not include any of the |
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| | functions conferred on him by, or in relation to, Part 5 or 8 of the |
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| | Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. |
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| | of unlawful conduct, civil recovery investigations and disclosure |
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| | orders in relation to confiscation investigations).”’. |
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