Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
100

      (3)
In subsection (2)(b) omit “or 200”.
      (4)
In subsection (3) omit “or 200”.
63
In section 211(1) (discharge and variation)—
(a)
for “any of sections 198 to 201” substitute “section 198 or 199”; and
(b)
in paragraph (b) omit the words from “or”, where it first appears, to
5
“Director”.
64    (1)
Section 212 (management receivers: discharge) is amended as follows.
      (2)
In subsection (1)(b) omit the words from “or” to “section 200”.
      (3)
Omit subsection (3).
65    (1)
Section 213 (appeal to Court of Appeal) is amended as follows.
10
      (2)
In subsection (1) omit “or section 201”.
      (3)
In subsection (2) omit “or section 201”.
      (4)
In subsection (5)(a) omit the words from “or”, where it first appears, to
“Director”.
66
In section 215(4) (seized money) omit paragraph (d).
15
67
In section 217(1) (powers of court and receiver)—
(a)
in paragraph (a) for “208” substitute “207”; and
(b)
in paragraph (b) for “, 198 or 200” substitute “or 198”.
68
In section 222(1) (enforcement abroad)—
(a)
in paragraph (b) omit “or the Director”; and
20
(b)
in paragraph (c) omit “or the Director (as the case may be)”.
69
In section 417(2) (insolvency etc: modifications of the 1986 Act)—
(a)
in paragraph (b) omit “or 52”; and
(b)
in paragraph (d) omit “or 200”.
70    (1)
Section 418 (restriction of powers) is amended as follows.
25
      (2)
In subsection (2)—
(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.
      (3)
In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.
71
In section 419(2)(b) (tainted gifts)—
30
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
72
In section 420(2) (modifications of the 1985 Act)—
(a)
in paragraph (b) omit “or 52”; and
(b)
in paragraph (d) omit “or 200”.
35
73    (1)
Section 421 (restriction of powers) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
101

      (3)
In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.
74
In section 422(2)(b) (tainted gifts)—
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
75
In section 423(2) (modifications of the 1989 Order)—
5
(a)
in paragraph (b) omit “or 52”; and
(b)
in paragraph (d) omit “or 200”.
76    (1)
Section 424 (restriction of powers) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
10
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.
      (3)
In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.
77
In section 425(2)(b) (tainted gifts)—
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
15
78    (1)
Section 426 (winding up under the 1986 Act) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (b) omit “or 52”; and
(b)
in paragraph (d) omit “or 200”.
      (3)
In subsection (5)—
20
(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.
79
In section 427(3)(b) (tainted gifts)—
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
25
80    (1)
Section 428 (winding up under the 1989 Order) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (b) omit “or 52”; and
(b)
in paragraph (d) omit “or 200”.
      (3)
In subsection (5)—
30
(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.
81
In section 429(3)(b) (tainted gifts)—
(a)
omit “52,”; and
(b)
for “, 198 or 200” substitute “or 198”.
35
82    (1)
Section 430 (floating charges) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (b) omit “or 52”; and
(b)
in paragraph (d) omit “or 200”.
      (3)
In subsection (5)—
40

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 2 — Transfer of civil recovery functions
102

(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.
83
In section 432(7) (insolvency practitioners)—
(a)
in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “or 55(3)”; and
(b)
in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “or 203(3)”.
5
84
In Schedule 10 (tax), in paragraph 1—
(a)
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
(b)
in paragraph (c) for “, 198 or 200” substitute “or 198”.
Part 2
Transfer of civil recovery functions
10
85
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
86
In section 246(7) (application for interim receiving order) for “Agency”
substitute “enforcement authority”.
87
After section 272(6) (compensation for loss in relation to associated and joint
property) insert—
15
“(7)
In subsection (5) the reference to the enforcement authority is, in the
case of an enforcement authority in relation to England and Wales or
Northern Ireland, a reference to the enforcement authority which
obtained the property freezing order or interim receiving order
concerned.”
20
88    (1)
Section 280 (applying realised proceeds) is amended as follows.
      (2)
In subsection (3)—
(a)
for “Director” substitute “enforcement authority (unless it is the
Scottish Ministers)”; and
(b)
for “him” substitute “it”.
25
      (3)
In subsection (4) for “Agency” substitute “enforcement authority
concerned”.
89
After section 283(9) (compensation) insert—
“(10)
In the case of an enforcement authority in relation to England and
Wales or Northern Ireland—
30
(a)
the reference in subsection (5) to the enforcement authority is
a reference to the enforcement authority which obtained the
property freezing order or interim receiving order concerned,
and
(b)
the reference in subsection (8) to the enforcement authority is
35
a reference to the enforcement authority which obtained the
recovery order concerned.”
90
Omit section 313 (restriction on performance of Director’s functions by
police).
91    (1)
Section 316 (general interpretation: Part 5) is amended as follows.
40
      (2)
In subsection (1), in the definition of “enforcement authority”—

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 3 — Transfer or abolition of Revenue functions
103

(a)
for paragraph (a) substitute—
“(a)
in relation to England and Wales, means SOCA, the
Director of Public Prosecutions, the Director of
Revenue and Customs Prosecutions or the Director of
the Serious Fraud Office,”; and
5
(b)
after paragraph (b) insert—
“(c)
in relation to Northern Ireland, means SOCA, the
Director of the Serious Fraud Office or the Director of
Public Prosecutions for Northern Ireland,”.
      (3)
After subsection (8) insert—
10
“(8A)
In relation to an order in England and Wales or Northern Ireland
which is a recovery order, a property freezing order, an interim
receiving order or an order under section 276, references to the
enforcement authority are, unless the context otherwise requires,
references to the enforcement authority which is seeking, or (as the
15
case may be) has obtained, the order.”
Part 3
Transfer or abolition of Revenue functions
92
The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with
paragraphs 93 to 101.
20
93    (1)
Section 317 (Director’s general Revenue functions) is amended as follows.
      (2)
In the heading for “Director’s” substitute “SOCA’s”.
      (3)
In subsection (1) for “the Director” substitute “SOCA”.
      (4)
In subsection (2) for “the Director”, in both places where it appears,
substitute “SOCA”.
25
      (5)
In subsection (3) for “the Director” substitute “SOCA”.
      (6)
In subsection (4) for “The Director” substitute “SOCA”.
      (7)
In subsection (6) for “the Director” substitute “SOCA”.
      (8)
In subsection (7) for “the Director” substitute “SOCA”.
      (9)
In subsection (8)(b) for “the Director” substitute “SOCA”.
30
94    (1)
Section 318 (Revenue functions regarding employment) is amended as
follows.
      (2)
In subsection (1)(a) for “the Director” substitute “SOCA”.
      (3)
In subsection (2) for “the Director” substitute “SOCA”.
      (4)
In subsection (3)(a) for “the Director” substitute “SOCA”.
35
      (5)
In subsection (4) for “the Director” substitute “SOCA”.
95    (1)
Section 319 (source of income) is amended as follows.
      (2)
In subsection (1)—
(a)
for “the Director” substitute “SOCA”;

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 3 — Transfer or abolition of Revenue functions
104

(b)
for “him” substitute “it”; and
(c)
for “he” substitute “SOCA”.
      (3)
In subsection (2) for “the Director” substitute “SOCA”.
      (4)
In subsection (3)—
(a)
for “the Director” substitute “SOCA”; and
5
(b)
for “him” substitute “SOCA”.
96    (1)
Section 320 (appeals) is amended as follows.
      (2)
In subsection (1) for “the Director” substitute “SOCA”.
      (3)
In subsection (2)—
(a)
for “the Director” substitute “SOCA”; and
10
(b)
for “his” substitute “its”.
97    (1)
Section 321 (Director’s functions: transfers of value) is amended as follows.
      (2)
In the heading for “Director’s” substitute “SOCA’s”.
      (3)
In subsection (1)—
(a)
for “the Director” substitute “SOCA”; and
15
(b)
in paragraph (b) for “it” substitute “the transfer of value”.
      (4)
In subsection (2) for “the Director”, in both places where it appears,
substitute “SOCA”.
      (5)
In subsection (3) for “the Director” substitute “SOCA”.
      (6)
In subsection (4) for “The Director” substitute “SOCA”.
20
      (7)
In subsection (5) for “the Director” substitute “SOCA”.
      (8)
In subsection (6) for “the Director” substitute “SOCA”.
98    (1)
Section 322 (Director’s functions: certain settlements) is amended as follows.
      (2)
In the heading for “Director’s” substitute “SOCA’s”.
      (3)
In subsection (1) for “the Director” substitute “SOCA”.
25
      (4)
In subsection (2)—
(a)
for “the Director”, in both places where it appears, substitute
“SOCA”; and
(b)
in paragraph (c) for “he” substitute “SOCA”.
      (5)
In subsection (3) for “the Director” substitute “SOCA”.
30
      (6)
In subsection (4) for “The Director” substitute “SOCA”.
      (7)
In subsection (5) for “the Director” substitute “SOCA”.
      (8)
In subsection (6) for “the Director” substitute “SOCA”.
99    (1)
Section 324 (exercise of Revenue functions) is amended as follows.
      (2)
In subsection (1) for “the Director” substitute “SOCA”.
35
      (3)
In subsection (2) for “Paragraph (b) of section 1(6)” substitute “Section
2B(2)”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions
105

      (4)
In subsection (3) for “The Director” substitute “SOCA”.
      (5)
In subsection (4) for “The Director” substitute “SOCA”.
      (6)
In subsection (5)—
(a)
for “The Director” substitute “SOCA”; and
(b)
for “they” substitute “the Board”.
5
100   (1)
Section 325 (declarations) is amended as follows.
      (2)
Omit subsection (1).
      (3)
For subsection (2) substitute—
“(2)
Every member of SOCA’s staff who is assigned to carry out any of
SOCA’s functions under this Part must, as soon as practicable after
10
being so assigned, make a declaration in the form set out in Schedule
8 before a person nominated by the Director General of SOCA for the
purpose.”
101   (1)
Schedule 8 (forms of declarations) is amended as follows.
      (2)
Omit the words from “The Director”, where it first appears, to “by law.””,
15
where it first appears.
      (3)
For “The Staff Of The Agency” substitute “SOCA’s Staff”.
      (4)
For “authorised by the Director of the Assets Recovery Agency” substitute
“assigned by SOCA”.
      (5)
For “to the Director” substitute “to SOCA”.
20
      (6)
For “his” substitute “its”.
102
The Secretary of State may by order—
(a)
repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and
(b)
make such amendment, repeal or revocation of any provision made
by or under any enactment (including this Schedule to this Act) as
25
appears to the Secretary of State to be appropriate in consequence of
the repeal of Part 6 of the Act of 2002.
Part 4
Transfer of investigation functions
103
The Proceeds of Crime Act 2002 is amended as follows.
30
104
In section 351(5) (supplementary)—
(a)
after “investigator,”, where it first appears, insert “a member of
SOCA’s staff,”; and
(b)
after “investigator,”, where it appears for the second time, insert
“member of SOCA’s staff,”.
35
105   (1)
Section 352 (search and seizure warrants) is amended as follows.
      (2)
In subsection (5)(b) for “named member of the staff of the Agency” substitute
“member of SOCA’s staff or of the staff of the relevant Director”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions
106

      (3)
After subsection (5) insert—
“(5A)
In this Part “relevant Director”—
(a)
in relation to England and Wales, means the Director of
Public Prosecutions, the Director of Revenue and Customs
Prosecutions or the Director of the Serious Fraud Office; and
5
(b)
in relation to Northern Ireland, means the Director of the
Serious Fraud Office or the Director of Public Prosecutions
for Northern Ireland.”
106
In section 353(10)(b) (requirements where production order not available)
for “the staff of the Agency” substitute “SOCA’s staff or of the staff of the
10
relevant Director”.
107   (1)
Section 356 (further provisions: civil recovery) is amended as follows.
      (2)
Omit subsection (6).
      (3)
In subsection (11)(a) (as inserted by Schedule 10) for “the Director”
substitute “an appropriate officer”.
15
108   (1)
Section 357 (disclosure orders) is amended as follows.
      (2)
In subsection (1) for “the Director” substitute “the relevant authority”.
      (3)
After subsection (2) insert—
“(2A)
The relevant authority may only make an application for a disclosure
order in relation to a confiscation investigation if the relevant
20
authority is in receipt of a request to do so from an appropriate
officer.”
      (4)
In subsection (3)(a) for “the Director” substitute “an appropriate officer”.
      (5)
In subsection (4)—
(a)
for “the Director”, where it first appears, substitute “an appropriate
25
officer”; and
(b)
for “the Director”, where it appears for the second time, substitute
“the appropriate officer”.
      (6)
In subsection (5) for “the Director” substitute “the appropriate officer
concerned”.
30
      (7)
After subsection (6) insert—
“(7)
In this Part “relevant authority” means—
(a)
in relation to a confiscation investigation, a prosecutor; and
(b)
in relation to a civil recovery investigation, a member of
SOCA’s staff or the relevant Director.
35
(8)
For the purposes of subsection (7)(a) a prosecutor is—
(a)
in relation to a confiscation investigation carried out by a
member of SOCA’s staff, the relevant Director or any
specified person;
(b)
in relation to a confiscation investigation carried out by an
40
accredited financial investigator, the Director of Public
Prosecutions, the Director of Public Prosecutions for
Northern Ireland or any specified person;