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Notices of Amendments: 29th June 2007                  

122

 

Serious Crime Bill [Lords], continued

 
 

Mr Vernon Coaker

 

237

 

Schedule  8,  page  105,  line  27,  after ‘Part 5’, insert ‘or 8’.

 

Mr Vernon Coaker

 

238

 

Schedule  8,  page  105,  line  28,  after ‘conduct’, insert ‘, civil recovery investigations

 

and disclosure orders in relation to confiscation investigations’.

 

Mr Vernon Coaker

 

239

 

Schedule  11,  page  115,  line  27,  at end insert—

 

‘   (1)  

Section 302A (powers for prosecutors to appear in proceedings) (as inserted by

 

section (Powers for prosecutors to appear in cash recovery proceedings)(1)

 

above) is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

after “constable”, in the first place where it appears, insert “or an

 

accredited financial investigator”; and

 

(b)    

after “constable”, in the second place where it appears, insert “or (as

 

the case may be) an accredited financial investigator”.

 

      (3)  

After subsection (3) insert—

 

“(4)    

The references in subsection (1) to an accredited financial investigator

 

do not include an accredited financial investigator who is an officer of

 

Revenue and Customs but the references in subsection (2) to an officer

 

of Revenue and Customs do include an accredited financial

 

investigator who is an officer of Revenue and Customs.”’.

 

Providers of information society services

 

Mr Vernon Coaker

 

NC16

 

To move the following Clause:—

 

‘(1)    

A serious crime prevention order may not include terms which restrict the

 

freedom of a service provider who is established in an EEA state other than the

 

United Kingdom to provide information society services in relation to an EEA

 

state unless the conditions in subsections (2) and (3) are met.

 

(2)    

The condition in this subsection is that the court concerned considers that the

 

terms—

 

(a)    

are necessary for the objective of protecting the public by preventing,

 

restricting or disrupting involvement in—

 

(i)    

in the case of an order in England and Wales, serious crime in

 

England and Wales; and

 

(ii)    

in the case of an order in Northern Ireland, serious crime in

 

Northern Ireland;

 

(b)    

relate to an information society service which prejudices that objective or

 

presents a serious and grave risk of prejudice to it; and

 

(c)    

are proportionate to that objective.

 

(3)    

The conditions in this subsection are that—

 

(a)    

a law enforcement officer has requested the EEA state in which the

 

service provider is established to take measures which the law

 

enforcement officer considers to be of equivalent effect under the law of


 
 

Notices of Amendments: 29th June 2007                  

123

 

Serious Crime Bill [Lords], continued

 
 

the EEA state to the terms and the EEA state has failed to take the

 

measures; and

 

(b)    

a law enforcement officer has notified the Commission of the European

 

Communities and the EEA state of—

 

(i)    

the intention to seek an order containing the terms; and

 

(ii)    

the terms.

 

(4)    

It does not matter for the purposes of subsection (3) whether the request or

 

notification is made before or after the making of the application for the order.

 

(5)    

A serious crime prevention order may not include terms which impose liabilities

 

on service providers of intermediary services so far as the imposition of those

 

liabilities would result in a contravention of Article 12, 13 or 14 of the E-

 

Commerce Directive (various protections for service providers of intermediary

 

services).

 

(6)    

A serious crime prevention order may not include terms which impose a general

 

obligation on service providers of intermediary services covered by Articles 12,

 

13 and 14 of the E-Commerce Directive—

 

(a)    

to monitor the information which they transmit or store when providing

 

those services; or

 

(b)    

actively to seek facts or circumstances indicating illegal activity when

 

providing those services.

 

(7)    

For the purposes of this section—

 

(a)    

a service provider is established in a particular EEA state if he effectively

 

pursues an economic activity using a fixed establishment in that EEA

 

state for an indefinite period and he is a national of an EEA state or a

 

company or firm mentioned in Article 48 of the EEC Treaty;

 

(b)    

the presence or use in a particular place of equipment or other technical

 

means of providing an information society service does not, of itself,

 

constitute the establishment of a service provider;

 

(c)    

where it cannot be determined from which of a number of establishments

 

a given information society service is provided, that service is to be

 

regarded as provided from the establishment where the service provider

 

has the centre of his activities relating to the service;

 

    

and references to a person being established in an EEA state are to be read

 

accordingly.

 

(8)    

In this section—

 

“the E-Commerce Directive” means Directive 2000/31/EC of the European

 

Parliament and of the Council of 8 June 2000 on certain legal aspects of

 

information society services, in particular electronic commerce, in the

 

Internal Market (Directive on electronic commerce);

 

“information society services”—

 

(a)    

has the meaning given in Article 2(a) of the E-Commerce

 

Directive (which refers to Article 1(2) of Directive 98/34/EC of

 

the European Parliament and of the Council of 22 June 1998

 

laying down a procedure for the provision of information in the

 

field of technical standards and regulations); and

 

(b)    

is summarised in recital 17 of the E-Commerce Directive as

 

covering “any service normally provided for remuneration, at a

 

distance, by means of electronic equipment for the processing

 

(including digital compression) and storage of data, and at the

 

individual request of a recipient of a service”;

 

“intermediary services” means an information society service which—


 
 

Notices of Amendments: 29th June 2007                  

124

 

Serious Crime Bill [Lords], continued

 
 

(c)    

consists in the provision of access to a communication network

 

or the transmission in a communication network of information

 

provided by a recipient of the service;

 

(d)    

consists in the transmission in a communication network of

 

information which—

 

(i)    

is provided by a recipient of the service; and

 

(ii)    

is the subject of automatic, intermediate and temporary

 

storage which is solely for the purpose of making the

 

onward transmission of the information to other

 

recipients of the service at their request more efficient;

 

or

 

(e)    

consists in the storage of information provided by a recipient of

 

the service;

 

“recipient”, in relation to a service, means any person who, for professional

 

ends or otherwise, uses an information society service, in particular for

 

the purposes of seeking information or making it accessible; and

 

“service provider” means a person providing an information society service.

 

(9)    

For the purposes of paragraph (a) of the definition of “intermediary services”, the

 

provision of access to a communication network and the transmission of

 

information in a communication network includes the automatic, intermediate

 

and transient storage of the information transmitted so far as the storage is for the

 

sole purpose of carrying out the transmission in the network.

 

(10)    

Subsection (9) does not apply if the information is stored for longer than is

 

reasonably necessary for the transmission.’.

 

Powers for prosecutors to appear in cash recovery proceedings

 

Mr Vernon Coaker

 

NC17

 

To move the following Clause:—

 

‘(1)    

After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in

 

summary proceedings: compensation) insert—

 

“302A  

Powers for prosecutors to appear in proceedings

 

(1)    

The Director of Public Prosecutions or the Director of Public

 

Prosecutions for Northern Ireland may appear for a constable in

 

proceedings under this Chapter if the Director—

 

(a)    

is asked by, or on behalf of, a constable to do so, and

 

(b)    

considers it appropriate to do so.

 

(2)    

The Director of Revenue and Customs Prosecutions may appear for the

 

Commissioners for Her Majesty’s Revenue and Customs or an officer of

 

Revenue and Customs in proceedings under this Chapter if the

 

Director—

 

(a)    

is asked by, or on behalf of, the Commissioners for Her

 

Majesty’s Revenue and Customs or (as the case may be) an

 

officer of Revenue and Customs to do so, and

 

(b)    

considers it appropriate to do so.

 

(3)    

The Directors may charge fees for the provision of services under this

 

section.”


 
 

Notices of Amendments: 29th June 2007                  

125

 

Serious Crime Bill [Lords], continued

 
 

(2)    

After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule

 

8 to this Act) insert—

 

“(3A)    

Subsection (3) does not apply to the functions of the Director of Public

 

Prosecutions, the Director of Public Prosecutions for Northern Ireland

 

and the Director of Revenue and Customs Prosecutions under section

 

302A.”’.

 

(3)    

After section 38(1) of the Commissioners for Revenue and Customs Act 2005

 

(c. 11) (conduct of prosecutions on behalf of the Office) insert—

 

“(1A)    

An individual who is not a member of the Office may be appointed by the

 

Director to appear in—

 

(a)    

specified proceedings, or

 

(b)    

a specified class or description of proceedings,

 

    

in which the Director or a Prosecutor would otherwise appear by virtue

 

of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery

 

proceedings).”

 

(4)    

After section 39(1) of that Act (designation of non-legal staff) insert—

 

“(1A)    

The Director may designate a member of the Office to appear in—

 

(a)    

specified proceedings, or

 

(b)    

a specified class or description of proceedings,

 

    

in which the Director or a Prosecutor would otherwise appear by virtue

 

of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery

 

proceedings).”’.

 

Mr Vernon Coaker

 

240

 

Title,  line  9,  after ‘investigators’, insert ‘, cash recovery proceedings’.

 


 
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