Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland
93

(c)
in pursuance of a duty imposed by or under a statutory
provision.
(8)
Except as authorised by paragraphs (2) and (7), a person who
discloses information to which this Article applies is guilty of an
offence and liable—
5
(a)
on conviction on indictment, to imprisonment for a term not
exceeding two years, to a fine or to both; or
(b)
on summary conviction, to imprisonment for a term not
exceeding 6 months, to a fine not exceeding the statutory
maximum or to both.
10
(9)
Article 27 of the Local Government (Northern Ireland) Order 2005
(NI 18) does not apply to information to which this Article applies.
(10)
In this Article “body” includes office.
4E
Publication
(1)
Nothing in Article 4D prevents the Comptroller and Auditor General
15
from publishing a report on a data matching exercise (including on
the results of the exercise).
(2)
But the report may not include information relating to a particular
body or person if—
(a)
the body or person is the subject of any data included in the
20
data matching exercise;
(b)
the body or person can be identified from the information;
and
(c)
the information is not otherwise in the public domain.
(3)
A report published under this Article may be published in such
25
manner as the Comptroller and Auditor General considers
appropriate for bringing it to the attention of those members of the
public who may be interested.
(4)
This Article does not affect any powers of the Comptroller and
Auditor General or a local government auditor where the data
30
matching exercise in question forms part of an audit carried out by
either of them.
4F
Fees for data matching
(1)
The Comptroller and Auditor General may charge a fee to any body
required under Article 4B(1) to provide data for a data matching
35
exercise.
(2)
But a body whose functions are discharged on behalf of the Crown
may not be charged a fee under paragraph (1) except with the
consent of the Department.
(3)
In addition to the power under paragraph (1), the Comptroller and
40
Auditor General may charge a fee to any other body or person
providing data for or receiving the results of a data matching
exercise, such fee to be payable in accordance with terms agreed
between the Comptroller and Auditor General and that body or
person.
45

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland
94

(4)
Any fee received by the Comptroller and Auditor General by virtue
of this Article is to be paid by him into the Consolidated Fund.
4G
Code of data matching practice
(1)
The Comptroller and Auditor General must prepare, and keep under
review, a code of practice with respect to data matching exercises.
5
(2)
Regard must be had to the code in conducting and participating in
any such exercise.
(3)
Before preparing or altering the code, the Comptroller and Auditor
General must consult the bodies mentioned in Article 4B(2), the
Information Commissioner and such other bodies or persons as he
10
thinks fit.
(4)
The Comptroller and Auditor General must—
(a)
send a copy of the code, and of any alterations made to the
code, to the Department and the Department must lay the
copy before the Assembly; and
15
(b)
from time to time publish the code as for the time being in
force.
4H
Powers of the Department
(1)
The Department may by order amend Articles 4A to 4G—
(a)
to add any purpose mentioned in paragraph (2) to the
20
purposes for which data matching exercises may be
conducted;
(b)
to modify the application of those Articles in relation to a
purpose so added.
(2)
The purposes which may be added are—
25
(a)
to assist in the prevention and detection of crime (other than
fraud);
(b)
to assist in the apprehension and prosecution of offenders;
(c)
to assist in the recovery of debt owing to public bodies.
(3)
The Department may by order amend Articles 4A to 4G—
30
(a)
to add a public body to the list of bodies in Article 4B(2);
(b)
to modify the application of those Articles in relation to a
body so added;
(c)
to remove a body from that list.
(4)
An order under this Article may include such incidental,
35
consequential, supplemental or transitional provision as the
Department thinks fit.
(5)
An order under this Article is subject to affirmative resolution.
(6)
In this Article “public body” means a body or person whose
functions—
40
(a)
are functions of a public nature; or
(b)
include functions of that nature,

but, in the latter case, the body or person is a public body to the
extent only of those functions.”

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
95

7
In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))
(expenses and accounts of Northern Ireland Audit Office), in paragraph (5)
after “examination” insert “or in respect of data matching”.
Schedule 8
Section 72(2)

Abolition of Assets Recovery Agency and its Director
5
Part 1
Abolition of confiscation functions
1
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
2
In section 6(3)(a) (making of confiscation orders in England and Wales) omit
“or the Director”.
10
3
In section 11(7) (time for payment of order) omit paragraph (b) and the word
“or” before it.
4
In section 14(7)(b) (postponement of proceedings) omit “or the Director (as
the case may be)”.
5     (1)
Section 16 (statement of information) is amended as follows.
15
      (2)
In subsection (1) omit “or the Director (as the case may be)”.
      (3)
In subsection (3) omit—
(a)
“or the Director (as the case may be)”; and
(b)
“or the Director”.
      (4)
In subsection (4) omit “or Director”.
20
      (5)
In subsection (5) omit—
(a)
“or the Director (as the case may be)”; and
(b)
“or the Director”.
      (6)
In subsection (6) omit “or the Director”.
6
In section 17(1) (defendant’s response to statement of information) omit “or
25
the Director”.
7
In section 18(6) (provision of information by defendant) omit “or the
Director (as the case may be)”.
8
In section 19(1)(c) (no order made: reconsideration of case) omit “or the
Director”.
30
9     (1)
Section 20 (no order made: reconsideration of benefit) is amended as follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4)—
(a)
omit the words from “If the court” to “to do so,”; and
(b)
in paragraph (b) omit “or the Director”.
35

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
96

10
In section 21(1) (order made: reconsideration of benefit), in paragraphs (b),
(c) and (d), omit “or the Director”.
11
In section 22(2) (order made: reconsideration of available amount)—
(a)
omit paragraph (b); and
(b)
in paragraph (c) omit “or 52”.
5
12
In section 23(1)(b) (inadequacy of available amount: variation of order) omit
“or 52”.
13    (1)
Section 26 (information) is amended as follows.
      (2)
In subsection (1)(b) omit “or the Director”.
      (3)
In subsection (2)—
10
(a)
in paragraph (a) omit “or the Director (as the case may be)”; and
(b)
in paragraph (b) omit “or the Director”.
14    (1)
Section 27 (defendant convicted or committed) is amended as follows.
      (2)
In subsection (3)(a) omit “or the Director”.
      (3)
In subsection (5)(b) omit “or the Director (as the case may be)”.
15
      (4)
In subsection (7) omit “or the Director”.
15    (1)
Section 28 (defendant neither convicted nor acquitted) is amended as
follows.
      (2)
In subsection (3)(a) omit “or the Director”.
      (3)
In subsection (5)(b) omit “or the Director (as the case may be)”.
20
16    (1)
Section 31 (appeal by prosecutor or Director) is amended as follows.
      (2)
In the heading omit “or Director”.
      (3)
In subsection (1) omit “or the Director”.
      (4)
In subsection (2) omit “or the Director”.
17
In section 33(2) (appeal to the House of Lords)—
25
(a)
in paragraph (a) omit “(if the prosecutor appealed under section 31)”;
and
(b)
omit paragraph (b).
18
Omit section 34 (Director as enforcement authority).
19    (1)
Section 35 (Director not appointed as enforcement authority) is amended as
30
follows.
      (2)
For the heading substitute “Enforcement as fines”.
      (3)
In subsection (1) omit paragraph (b) and the word “and” before it.
20
Omit sections 36 and 37 (Director appointed as enforcement authority and
Director’s application for enforcement).
35
21    (1)
Section 39 (reconsideration etc: variation of prison term) is amended as
follows.
      (2)
In subsection (5) for “appropriate person” substitute “prosecutor”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
97

      (3)
Omit subsection (6).
22    (1)
Section 40 (conditions for exercise of powers) is amended as follows.
      (2)
In subsection (4)(a) omit “or the Director”.
      (3)
In subsection (5)(a) omit “or the Director”.
      (4)
In subsection (6)(a) omit “or the Director”.
5
      (5)
In subsection (8)(b) omit “or the Director (as the case may be)”.
23
In section 42(2) (application, discharge and variation) omit paragraph (b).
24
Omit sections 52 and 53 (Director’s receivers).
25
Omit sections 56 and 57 (Director’s receivers and sums received by
Director).
10
26
In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “or
50”.
27
Omit section 60 (Director’s receivers).
28
In section 61 (protection) for “, 50 or 52” substitute “or 50”.
29
In section 62(1) (further applications) for “, 50 or 52” substitute “or 50”.
15
30
In section 63(1) (discharge and variation)—
(a)
for “to 53” substitute “to 51”; and
(b)
in paragraph (b) omit the words from “or”, where it first appears, to
“Director”.
31    (1)
Section 64 (management receivers: discharge) is amended as follows.
20
      (2)
In subsection (1)(b) omit the words from “or” to “section 52”.
      (3)
Omit subsection (3).
32    (1)
Section 65 (appeal to Court of Appeal) is amended as follows.
      (2)
In subsection (1) omit “or section 53”.
      (3)
In subsection (2) omit “or section 53”.
25
      (4)
In subsection (5)(a) omit the words from “or”, where it first appears, to
“Director”.
33
In section 67(4) (seized money) omit paragraph (c).
34
In section 69(1) (powers of court and receiver)—
(a)
in paragraph (a) for “60” substitute “59”; and
30
(b)
in paragraph (b) for “, 50 or 52” substitute “or 50”.
35
In section 74(1) (enforcement abroad)—
(a)
in paragraph (b) omit “or the Director”; and
(b)
in paragraph (c) omit “or the Director (as the case may be)”.
36
In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit
35
“or the Director”.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
98

37
In section 161(7) (time for payment of order) omit paragraph (b) and the
word “or” before it.
38
In section 164(7)(b) (postponement of proceedings) omit “or the Director (as
the case may be)”.
39    (1)
Section 166 (statement of information) is amended as follows.
5
      (2)
In subsection (1) omit “or the Director (as the case may be)”.
      (3)
In subsection (3) omit—
(a)
“or the Director (as the case may be)”; and
(b)
“or the Director”.
      (4)
In subsection (4) omit “or Director”.
10
      (5)
In subsection (5) omit—
(a)
“or the Director (as the case may be)”; and
(b)
“or the Director”.
      (6)
In subsection (6) omit “or the Director”.
40
In section 167(1) (defendant’s response to statement of information) omit “or
15
the Director”.
41
In section 168(6) (provision of information by defendant) omit “or the
Director (as the case may be)”.
42
In section 169(1)(c) (no order made: reconsideration of case) omit “or the
Director”.
20
43    (1)
Section 170 (no order made: reconsideration of benefit) is amended as
follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4)—
(a)
omit the words from “If the court” to “to do so,”; and
25
(b)
in paragraph (b) omit “or the Director”.
44
In section 171(1) (order made: reconsideration of benefit), in paragraphs (b),
(c) and (d), omit “or the Director”.
45
In section 172(2) (order made: reconsideration of available amount)—
(a)
omit paragraph (b); and
30
(b)
in paragraph (c) omit “or 200”.
46
In section 173(1)(b) (inadequacy of available amount: variation of order)
omit “or 200”.
47    (1)
Section 176 (information) is amended as follows.
      (2)
In subsection (1)(b) omit “or the Director”.
35
      (3)
In subsection (2)—
(a)
in paragraph (a) omit “or the Director (as the case may be)”; and
(b)
in paragraph (b) omit “or the Director”.
48    (1)
Section 177 (defendant convicted or committed) is amended as follows.

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 1 — Abolition of confiscation functions
99

      (2)
In subsection (3)(a) omit “or the Director”.
      (3)
In subsection (5)(b) omit “or the Director (as the case may be)”.
      (4)
In subsection (7) omit “or the Director”.
49    (1)
Section 178 (defendant neither convicted nor acquitted) is amended as
follows.
5
      (2)
In subsection (3)(a) omit “or the Director”.
      (3)
In subsection (5)(b) omit “or the Director (as the case may be)”.
50    (1)
Section 181 (appeal by prosecutor or Director) is amended as follows.
      (2)
In the heading omit “or Director”.
      (3)
In subsection (1) omit “or the Director”.
10
      (4)
In subsection (2) omit “or the Director”.
51
In section 183(2) (appeal to the House of Lords)—
(a)
in paragraph (a) omit “(if the prosecutor appealed under section
181)”; and
(b)
omit paragraph (b).
15
52
Omit section 184 (Director as enforcement authority).
53
Omit section 186 (Director’s application for enforcement).
54    (1)
Section 188 (reconsideration etc: variation of prison term) is amended as
follows.
      (2)
In subsection (5) for “appropriate person” substitute “prosecutor”.
20
      (3)
Omit subsection (6).
55    (1)
Section 189 (conditions for exercise of powers) is amended as follows.
      (2)
In subsection (4)(a) omit “or the Director”.
      (3)
In subsection (5)(a) omit “or the Director”.
      (4)
In subsection (6)(a) omit “or the Director”.
25
      (5)
In subsection (8)(b) omit “or the Director (as the case may be)”.
56
In section 191(2) (application, discharge and variation) omit paragraph (b).
57
Omit sections 200 and 201 (Director’s receivers).
58
Omit sections 204 and 205 (Director’s receivers and sums received by
Director).
30
59
In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “or 198”.
60
Omit section 208 (Director’s receivers).
61
In section 209 (protection) for “, 198 or 200” substitute “or 198”.
62    (1)
Section 210 (further applications) is amended as follows.
      (2)
In subsection (1) for “, 198 or 200” substitute “or 198”.
35