House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Public Bill Committee Proceedings: 5th July 2007
34

Serious Crime Bill-[ [], continued

Mr Vernon Coaker

Agreed to  220

Schedule  8,  page  99,  line  3,  after ‘provisions)’, insert ‘—

(a)
after the entry for production order insert—

“relevant authority: section 357(7) to (9)

relevant Director: section 352(5A)”; and

(b)
’.

Mr Vernon Coaker

Agreed to  221

Schedule  8,  page  99,  line  4,  at end insert—

‘114A
After section 449 (pseudonyms) insert—

“449A
Staff of relevant Directors: pseudonyms

(1)
This section applies to a member of the staff of the relevant Director

if—

(a)
the member is to exercise a function as a member of that staff

under, or in relation to, Part 8; and

(b)
it is necessary or expedient for the purpose of exercising that

function for the member of staff to identify himself by name.

(2)
The relevant Director may direct that such a member of staff may for

that purpose identify himself by means of a pseudonym.

(3)
For the purposes of any proceedings or application under this Act, a

certificate signed by the relevant Director which sufficiently identifies

the member of staff by reference to the pseudonym is conclusive

evidence that that member of staff is authorised to use the pseudonym.

(4)
In any proceedings or application under this Act a member of the staff

of the relevant Director in respect of whom a direction under this

section is in force must not be asked (and if asked is not required to

answer) any question which is likely to reveal his true identity.

(5)
The relevant Director may not delegate the exercise of his functions

under this section or otherwise authorise another person to exercise

those functions on his behalf.

(6)
In this section “relevant Director” has the meaning given by section

352(5A).”’.

Mr Vernon Coaker

Agreed to  222

Schedule  8,  page  99,  line  4,  at end insert—

‘114B (1)
Section 459 (orders and regulations) is amended as follows.

      (2)
In subsection (3) after “instrument” insert “(other than the power of the

Advocate General for Northern Ireland to make an order under section

377A(5) which is exercisable by statutory rule for the purposes of the Statutory

Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))”.

      (3)
In subsection (4)(a) after “377(4)” insert “, 377A(5)”.

      (4)
After subsection (6)(a) insert—

“(aa)
by the Attorney General or the Advocate General for Northern

Ireland under section 377A(5) unless a draft of the order has

been laid before Parliament and approved by a resolution of

each House;”.

Public Bill Committee Proceedings: 5th July 2007
35

Serious Crime Bill-[ [], continued

      (5)
After subsection (7) insert—

“(8)
In this section references to the Advocate General for Northern Ireland

are to be read, before the coming into force of section 27(1) of the

Justice (Northern Ireland) Act 2002 (c. 26), as references to the

Attorney General for Northern Ireland.”’.

Mr Vernon Coaker

Agreed to  223

Schedule  8,  page  100,  leave out lines 6 to 11.

Mr Vernon Coaker

Agreed to  224

Schedule  8,  page  100,  line  12,  leave out ‘References’ and insert ‘The reference’.

Mr Vernon Coaker

Agreed to  225

Schedule  8,  page  100,  line  13,  leave out ‘are’ and insert ‘is’.

Mr Vernon Coaker

Agreed to  226

Schedule  8,  page  100,  line  14,  leave out ‘references’ and insert ‘a reference’.

Mr Vernon Coaker

Agreed to  227

Schedule  8,  page  100,  line  31,  after ‘Part 5’, insert ‘or 8’.

Mr Vernon Coaker

Agreed to  228

Schedule  8,  page  100,  line  34,  after ‘Part 5’, insert ‘or 8’.

Mr Vernon Coaker

Agreed to  229

Schedule  8,  page  100,  line  37,  after ‘Part 5’, insert ‘or 8’.

Mr Vernon Coaker

Agreed to  230

Schedule  8,  page  101,  line  31,  leave out from beginning to end of line 32 and

insert—

  ‘(1)
Section 443 (enforcement in different parts of the United Kingdom) is

amended as follows.

      (2)
In subsection (3)(a) for “and the Director” substitute “, SOCA and the relevant

Director”.

      (3)
After subsection (4) insert—

“(5)
In this section “relevant Director” has the meaning given by section

352(5A).”’.

Mr Vernon Coaker

Agreed to  231

Schedule  8,  page  101,  line  36,  after ‘SOCA’, insert ‘, the Director of Public

Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of

Revenue and Customs Prosecutions’.

Public Bill Committee Proceedings: 5th July 2007
36

Serious Crime Bill-[ [], continued

Mr Vernon Coaker

Agreed to  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

Agreed to  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

Agreed to  232

Schedule  8,  page  103,  line  34,  after ‘Part 5’, insert ‘or 8’.

Mr Vernon Coaker

Agreed to  233

Schedule  8,  page  103,  line  35,  after ‘conduct’, insert ‘, civil recovery investigations

and disclosure orders in relation to confiscation investigations’.

Mr Vernon Coaker

Agreed to  234

Schedule  8,  page  104,  line  15,  after ‘Part 5’, insert ‘or 8’.

Mr Vernon Coaker

Agreed to  235

Schedule  8,  page  104,  line  16,  after ‘conduct’, insert ‘, civil recovery investigations

and disclosure orders in relation to confiscation investigations’.

Mr Vernon Coaker

Agreed to  236

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

‘Northern Ireland Act 1998 (c. 47)

    (1)
In section 75(4A) of the Northern Ireland Act 1998 (c. 47) (statutory duty on

public authorities) after “offences” insert “or any of the functions conferred on

him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29)

(civil recovery of the proceeds etc. of unlawful conduct, civil recovery

investigations and disclosure orders in relation to confiscation

investigations)”.

      (2)
After section 76(10) of that Act (discrimination by public authorities) insert—

“(11)
The reference in subsection (1) to the functions of the Director of

Public Prosecutions for Northern Ireland does not include any of the

functions conferred on him by, or in relation to, Part 5 or 8 of the

Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc.

of unlawful conduct, civil recovery investigations and disclosure

orders in relation to confiscation investigations).”’.

Mr Vernon Coaker

Agreed to  184

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

Public Bill Committee Proceedings: 5th July 2007
37

Serious Crime Bill-[ [], continued


‘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

Agreed to  185

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

‘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

Agreed to  237

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

Mr Vernon Coaker

Agreed to  238

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

and disclosure orders in relation to confiscation investigations’.

Mr Vernon Coaker

Agreed to  186

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

Public Bill Committee Proceedings: 5th July 2007
38

Serious Crime Bill-[ [], continued


‘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

Agreed to  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”.’.

Schedule, as amended, Agreed to.

[Adjourned till Tuesday at 10.30 a.m.