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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

114

 

      (8)  

After subsection (5) insert—

“(6)   

In this section “authorised person” means a member of SOCA’s staff

authorised by SOCA for the purposes of this section.”

139   (1)  

Section 459 (orders and regulations) is amended as follows.

      (2)  

In subsection (4)(a) omit “, 436(6), 438(9)”.

5

      (3)  

In subsection (6)(a) for “, 377(4), 436(6) or 438(9)” substitute “or 377(4)”.

140        

After section 460(2) (finance) insert—

“(3)   

Subject to anything in this Act—

(a)   

any sums received by the Director of Public Prosecutions, the

Director of Revenue and Customs Prosecutions or the

10

Director of the Serious Fraud Office in consequence of this

Act are to be paid into the Consolidated Fund; and

(b)   

any sums received by the Director of Public Prosecutions for

Northern Ireland in consequence of this Act are to be paid to

the Secretary of State.”

15

141        

Omit Schedule 1 (the Assets Recovery Agency).

Part 7

Amendments to other enactments

Parliamentary Commissioner Act 1967 (c. 13)

142   (1)  

Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

20

subject to investigation) is amended as follows.

      (2)  

Omit the entry for “The Director of the Assets Recovery Agency.”.

      (3)  

After the entry for “Sentencing Guidelines Council” insert “The Serious

Organised Crime Agency”.

      (4)  

Omit the paragraph in the Notes headed “Assets Recovery Agency”.

25

      (5)  

After the paragraph in the Notes headed “Ministry of Defence” insert—

“Serious Organised Crime Agency

In the case of the Serious Organised Crime Agency, an investigation may

be conducted only in respect of the exercise of functions vested in it by

virtue of a notice served on the Commissioners for Her Majesty’s

30

Revenue and Customs under section 317(2), 321(2) or 322(2) of the

Proceeds of Crime Act 2002 (c. 29) (Revenue functions).”

Criminal Appeal Act 1968 (c. 19)

143        

In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of

Lords) omit subsection (1A).

35

144        

In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A)

of this Act,”.

 

 

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

115

 

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

145   (1)  

Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of

appeal to House of Lords) is amended as follows.

      (2)  

Omit subsection (1A).

      (3)  

In subsection (3) omit “, subject to subsection (1A) above,”.

5

Limitation Act 1980 (c. 58)

146   (1)  

Section 27A of the Limitation Act 1980 (actions for recovery of property

obtained through unlawful conduct etc.) is amended as follows.

      (2)  

In subsection (2) for “Director’s” substitute “relevant person’s”.

      (3)  

In subsection (4) for “Director’s” substitute “relevant person’s”.

10

      (4)  

After subsection (7) insert—

“(8)   

In this section “relevant person” means—

(a)   

the Serious Organised Crime Agency,

(b)   

the Director of Public Prosecutions,

(c)   

the Director of Revenue and Customs Prosecutions, or

15

(d)   

the Director of the Serious Fraud Office.”

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))

147   (1)  

Paragraph 2A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance

(Northern Ireland) Order 1981 (Crown Court proceedings under the

Proceeds of Crime Act 2002 (c. 29)) for which legal aid may be given under

20

Part 2 of the Order) is amended as follows.

      (2)  

In sub-paragraph (1)(a) omit “or 204(3)”.

      (3)  

In sub-paragraph (1)(c) for “to 201” substitute “to 199”.

Prosecution of Offences Act 1985 (c. 23)

148        

In section 3(2) of the Prosecution of Offences Act 1985 (functions of the

25

Director of Public Prosecutions), after paragraph (fe), insert—

“(ff)   

to discharge such duties as are 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

30

to confiscation investigations);”.

Bankruptcy (Scotland) Act 1985 (c. 66)

149        

In section 31A(1)(b) of the Bankruptcy (Scotland) Act 1985 (property subject

to restraint order)—

(a)   

omit “52,”; and

35

(b)   

for “, 198 or 200” substitute “or 198”.

 

 

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

116

 

Insolvency Act 1986 (c. 45)

150        

In section 306A(1)(b) of the Insolvency Act 1986 (property subject to restraint

order)—

(a)   

omit “52,”; and

(b)   

for “, 198 or 200” substitute “or 198”.

5

Criminal Justice Act 1987 (c. 38)

151        

After section 1(6) of the Criminal Justice Act 1987 (functions of the Director

of the Serious Fraud Office) insert—

“(6A)   

The Director has 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

10

the proceeds etc. of unlawful conduct, civil recovery investigations

and disclosure orders in relation to confiscation investigations).”

Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))

152   (1)  

Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for

recovery of property obtained through unlawful conduct etc.) is amended as

15

follows.

      (2)  

In paragraph (2) for “Director’s” substitute “relevant person’s”.

      (3)  

In paragraph (4) for “Director’s” substitute “relevant person’s”.

      (4)  

After paragraph (7) insert—

“(8)   

In this Article “relevant person” means—

20

(a)   

the Serious Organised Crime Agency,

(b)   

the Director of the Serious Fraud Office, or

(c)   

the Director of Public Prosecutions for Northern Ireland.”

Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))

153        

In Article 279A(1)(b) of the Insolvency (Northern Ireland) Order 1989

25

(property subject to restraint order)—

(a)   

omit “52,”; and

(b)   

for “, 198 or 200” substitute “or 198”.

Police Act 1996 (c. 16)

154   (1)  

Section 97 of the Police Act 1996 (police officers engaged on service outside

30

their force) is amended as follows.

      (2)  

In subsection (1) omit paragraph (ce).

      (3)  

In subsection (6)(a) omit “(ce),”.

      (4)  

In subsection (8)(a) omit “(ce),”.

Police (Northern Ireland) Act 1998 (c. 32)

35

155   (1)  

Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police

Service of Northern Ireland engaged on other police service) is amended as

follows.

 

 

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

117

 

      (2)  

In subsection (1) omit paragraph (ca).

      (3)  

In subsection (5)(b) omit “(ca),”.

      (4)  

In subsection (7) omit “(ca),”.

156        

After section 60ZA(6) of that Act (SOCA) insert—

“(7)   

An agreement or order under this section must not provide for

5

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).”

Northern Ireland Act 1998 (c. 47)

10

157   (1)  

In section 75(4A) of the Northern Ireland Act 1998 (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

15

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

20

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).”

Access to Justice Act 1999 (c. 22)

25

158   (1)  

Paragraph 3 of Schedule 2 to the Access to Justice Act 1999 (advocacy in

Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29)

which may be funded as part of the Community Legal Service) is amended

as follows.

      (2)  

In sub-paragraph (1)(b) omit “or 56(3)”.

30

      (3)  

In sub-paragraph (1)(d) for “to 53” substitute “to 51”.

Police Reform Act 2002 (c. 30)

159        

After section 10(8) of the Police Reform Act 2002 (general functions of the

Independent Police Complaints Commission) insert—

“(9)   

Nothing in this Part shall confer any function on the Commission in

35

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);

40

or

 

 

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

118

 

(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).”

160        

After section 26A(4) of that Act (SOCA) insert—

“(4A)   

An agreement under this section must not provide for procedures in

5

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).”

161        

After section 26B(4) of that Act (National Policing Improvement Agency)

10

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

15

financial investigators).”

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))

162   (1)  

Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order

2003 (representation in Crown Court proceedings under the Proceeds of

Crime Act 2002 (c. 29) which may be funded by the Northern Ireland Legal

20

Services Commission) is amended as follows.

      (2)  

In sub-paragraph (1)(a) omit “or 204(3)”.

      (3)  

In sub-paragraph (1)(c) for “to 201” substitute “to 199”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

163        

After section 35(4) of the Commissioners for Revenue and Customs Act 2005

25

(functions of the Director of Revenue and Customs Prosecutions) insert—

“(4A)   

The Director has 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).”

30

164        

In section 37(1) of that Act (prosecutors) after “section 35” insert “(including

any function mentioned in subsection (4A) of that section)”.

165   (1)  

Section 40 of that Act (confidentiality) is amended as follows.

      (2)  

In subsection (2) (exceptions to confidentiality restrictions), after paragraph

(c), insert—

35

“(ca)   

does not apply to a disclosure made for the purposes of—

(i)   

the exercise of any functions of the prosecutor under

Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c.

29),

(ii)   

the exercise of any functions of the Serious Organised

40

Crime Agency under that Act,

(iii)   

the exercise of any functions of the Director of Public

Prosecutions, the Director of the Serious Fraud Office,

the Director of Public Prosecutions for Northern

 

 

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

119

 

Ireland or the Scottish Ministers under, or in relation

to, Part 5 of that Act,

(iv)   

the exercise of any functions of an officer of Revenue

and Customs or a constable under Chapter 3 of Part 5

of that Act, or

5

(v)   

investigations or proceedings outside the United

Kingdom which have led or may lead to the making

of an external order within the meaning of section 447

of that Act,

(cb)   

does not apply to a disclosure of information obtained in the

10

exercise of functions under the Proceeds of Crime Act 2002 (c.

29) if the disclosure is made for the purposes of the exercise

of a function which the Secretary of State thinks is a public

function and which he designates by order,”.

      (3)  

After subsection (10) insert—

15

“(10A)   

An order under subsection (2)(cb)—

(a)   

may include transitional or incidental provision,

(b)   

shall be made by statutory instrument, and

(c)   

shall not be made unless a draft has been laid before, and

approved by a resolution of, each House of Parliament.”

20

166        

In section 41(1) of that Act (disclosure of information to Director of Revenue

and Customs Prosecutions) after “prosecution” insert “or for the purpose of

the exercise by the Director of his functions under the Proceeds of Crime Act

2002 (c. 29)”.

Serious Organised Crime and Police Act 2005 (c. 15)

25

167        

After section 2 of the Serious Organised Crime and Police Act 2005

(functions of SOCA as to serious organised crime) insert—

"2A     

Functions of SOCA as to the recovery of assets

SOCA has the functions conferred on it (whether directly or through

its staff) by the Proceeds of Crime Act 2002 (c. 29) (functions relating

30

to the recovery of assets).”

168   (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”.

35

169        

After section 19(4) of that Act (charges by SOCA and other receipts) insert—

“(4A)   

Subsection (3) is subject to any provision made by the Proceeds of

Crime Act 2002 (c. 29).”

170   (1)  

Section 33 (disclosure of information by SOCA) of that Act is amended as

follows.

40

      (2)  

In subsection (2) after paragraph (c) insert—

“(ca)   

the exercise of any function of SOCA mentioned in section 2A

(functions relating to the recovery of assets);

 

 

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 7 — Amendments to other enactments

120

 

(cb)   

the exercise of any functions of the prosecutor under Parts 2,

3 and 4 of the Proceeds of Crime Act 2002 (c. 29);

(cc)   

the exercise of any functions of the Director of Public

Prosecutions, the Director of Revenue and Customs

Prosecutions, the Director of the Serious Fraud Office, the

5

Director of Public Prosecutions for Northern Ireland or the

Scottish Ministers under, or in relation to, Part 5 of that Act;

(cd)   

the exercise of any functions of an officer of Revenue and

Customs or a constable under Chapter 3 of Part 5 of that Act;

(ce)   

investigations or proceedings outside the United Kingdom

10

which have led or may lead to the making of an external

order within the meaning of section 447 of that Act;”.

      (3)  

After subsection (2) insert—

“(2A)   

Subsections (1) and (2) do not apply to information obtained by

SOCA in connection with the exercise of its functions under Part 6 of

15

the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

(2B)   

But such information may be disclosed by SOCA—

(a)   

to the Commissioners;

(b)   

to the Lord Advocate for the purpose of the exercise by the

Lord Advocate of his functions under Part 3 of that Act

20

(confiscation: Scotland).

(2C)   

Information disclosed to the Lord Advocate under subsection (2B)(b)

may be further disclosed by him only to the Scottish Ministers for the

purpose of the exercise by them of their functions under Part 5 of that

Act (civil recovery of the proceeds etc. of unlawful conduct).”

25

171        

In paragraph 8 of Schedule 1 to that Act (SOCA’s staff) after sub-paragraph

(1), insert—

   “(1A)  

SOCA must appoint one of its employees as a person with

responsibilities in relation to the exercise of SOCA’s functions in

Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).”

30

172        

In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the

purposes of protection) omit “is or”.

Gambling Act 2005 (c. 19)

173        

In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information:

enforcement and regulatory bodies)—

35

(a)   

omit the entries relating to the Director and staff of the Assets

Recovery Agency, the Director General and staff of the National

Crime Squad and the Director General and staff of the National

Criminal Intelligence Service; and

(b)   

after the entry for the Serious Fraud Office insert—

40

“The Serious Organised Crime Agency”.

Police and Justice Act 2006 (c. 48.)

174   (1)  

Schedule 1 to the Police and Justice Act 2006 (National Policing

Improvement Agency) is amended as follows.

 

 

 
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