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| Serious Crime Bill [Lords], As Amended |
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| | Compliance with orders: authorised monitors |
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| To move the following Clause:— |
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| | ‘(1) | A serious crime prevention order against a body corporate, partnership or |
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| | unincorporated association may authorise a law enforcement agency to enter into |
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| | (a) | a specified person; or |
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| | (b) | any person who falls within a specified description of persons; |
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| | | to perform specified monitoring services or monitoring services of a specified |
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| | (2) | A person with whom the agency has entered into arrangements in accordance |
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| | with such an authorisation is known for the purposes of this section as an |
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| | (3) | A serious crime prevention order which provides for an authorised monitor may, |
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| | for the purpose of enabling the performance of monitoring services, impose |
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| | requirements of the type mentioned in section 5(5) as if the references in |
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| | paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer |
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| | included references to an authorised monitor. |
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| | (4) | A serious crime prevention order which provides for an authorised monitor may |
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| | require any body corporate, partnership or unincorporated association which is |
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| | the subject of the order to pay to the law enforcement agency concerned some or |
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| | all of the costs incurred by the agency under the arrangements with the authorised |
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| | (a) | must specify the period, or periods, within which payments are to be |
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| | (b) | may require the making of payments on account; |
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| | (c) | may include other terms about the calculation or payment of costs. |
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| | (6) | The tests for making or varying a serious crime prevention order in sections |
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| | 1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2) |
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| | and (4) do not operate in relation to an order so far as the order contains terms of |
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| | the kind envisaged by subsections (4) and (5) above (or by subsection (1) above |
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| | for the purposes of those subsections). |
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| | (7) | But a court must not include in a serious crime prevention order (whether initially |
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| | or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it |
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| | considers that it is appropriate to do so having regard to all the circumstances |
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| | including, in particular— |
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| | (a) | the means of the body corporate, partnership or unincorporated |
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| | (b) | the expected size of the costs; and |
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| | (c) | the effect of the terms on the ability of any body corporate, partnership or |
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| | unincorporated association which is carrying on business to continue to |
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| | (8) | A law enforcement agency must inform the subject of a serious crime prevention |
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| | order which provides for an authorised monitor of the name of, and an address |
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| | for, any person with whom the agency has entered into arrangements in |
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| | accordance with the authorisation in the order. |
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| | (9) | Nothing in this section affects the ability of law enforcement agencies to enter |
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| | into arrangements otherwise than in accordance with an authorisation under this |
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| | “law enforcement agency” means— |
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| | (a) | a police authority or the Northern Ireland Policing Board; |
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| | (b) | the Serious Organised Crime Agency; |
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| | (c) | the Commissioners for Her Majesty’s Revenue and Customs; or |
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| | (d) | the Director of the Serious Fraud Office; |
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| | “monitoring services” means— |
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| | (e) | analysing some or all information received in accordance with a |
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| | serious crime prevention order; |
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| | (f) | reporting to a law enforcement officer as to whether, on the basis |
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| | of the information and any other information analysed for this |
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| | purpose, the subject of the order appears to be complying with |
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| | the order or any part of it; and |
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| | (g) | any related services; and |
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| | “specified”, in relation to a serious crime prevention order, means specified |
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| | Costs in relation to authorised monitors |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order make provision about the practice and |
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| | procedure for determining the amount of— |
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| | (a) | any costs payable by virtue of section (Compliance with orders: |
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| | authorised monitors)(4) and (5); and |
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| | (b) | any interest payable in respect of those costs. |
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| | (2) | Such provision may, in particular, include provision about appeals. |
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| | (3) | Where any amounts required to be paid by virtue of section (Compliance with |
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| | orders: authorised monitors)(4) and (5) have not been paid within a required |
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| | period, the law enforcement agency concerned must take reasonable steps to |
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| | recover them and any interest payable in respect of them. |
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| | (4) | The Secretary of State must by order provide for what are reasonable steps for the |
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| | purposes of subsection (3). |
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| | (5) | Any amounts which have not been recovered despite the taking of the reasonable |
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| | steps are recoverable as if due to the law enforcement agency concerned by virtue |
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| | of a civil order or judgment. |
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| | (6) | Where any amounts required to be paid by virtue of section (Compliance with |
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| | orders: authorised monitors)(4) and (5) are, in the case of an order of the Crown |
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| | Court, not paid within a required period, the unpaid balance from time to time |
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| | carries interest at the rate for the time being specified in section 17 of the |
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| | Judgments Act 1838 (c. 110) (interest on civil judgment debts). |
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| | (7) | For the purposes of section 25, a failure to comply with a requirement imposed |
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| | by virtue of section (Compliance with orders: authorised monitors)(4) and (5) to |
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| | make payments occurs when the amounts become recoverable as mentioned in |
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| | subsection (5) above (and not before). |
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| | (8) | In this section “law enforcement agency” has the same meaning as in section |
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| | (Compliance with orders: authorised monitors).’. |
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| | Civil recovery management receivers |
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| To move the following Clause:— |
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| | ‘(1) | After section 245D of the Proceeds of Crime Act 2002 (c. 29) (property freezing |
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| | “245E | Receivers in connection with property freezing orders |
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| | (1) | Subsection (2) applies if— |
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| | (a) | the High Court makes a property freezing order on an application |
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| | by an enforcement authority, and |
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| | (b) | the authority applies to the court to proceed under subsection (2) |
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| | (whether as part of the application for the property freezing order |
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| | or at any time afterwards). |
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| | (2) | The High Court may by order appoint a receiver in respect of any |
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| | property to which the property freezing order applies. |
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| | (3) | An application for an order under this section may be made without |
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| | notice if the circumstances are such that notice of the application would |
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| | prejudice any right of the enforcement authority to obtain a recovery |
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| | order in respect of any property. |
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| | (4) | In its application for an order under this section, the enforcement |
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| | authority must nominate a suitably qualified person for appointment as a |
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| | (5) | Such a person may be a member of staff of the enforcement authority. |
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| | (6) | The enforcement authority may apply a sum received by it under section |
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| | 280(2) in making payment of the remuneration and expenses of a receiver |
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| | appointed under this section. |
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| | (7) | Subsection (6) does not apply in relation to the remuneration of the |
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| | receiver if he is a member of the staff of the enforcement authority (but |
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| | it does apply in relation to such remuneration if the receiver is a person |
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| | providing services under arrangements made by the enforcement |
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| | 245F | Powers of receivers appointed under section 245E |
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| | (1) | If the High Court appoints a receiver under section 245E on an |
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| | application by an enforcement authority, the court may act under this |
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| | section on the application of the authority. |
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| | (2) | The court may by order authorise or require the receiver— |
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| | (a) | to exercise any of the powers mentioned in paragraph 5 of |
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| | Schedule 6 (management powers) in relation to any property in |
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| | respect of which the receiver is appointed, |
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| | (b) | to take any other steps the court thinks appropriate in connection |
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| | with the management of any such property (including securing |
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| | the detention, custody or preservation of the property in order to |
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| | (3) | The court may by order require any person in respect of whose property |
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| | the receiver is appointed— |
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| | (a) | to bring the property to a place (in England and Wales or, as the |
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| | case may be, Northern Ireland) specified by the receiver or to |
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| | place it in the custody of the receiver (if, in either case, he is able |
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| | (b) | to do anything he is reasonably required to do by the receiver for |
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| | the preservation of the property. |
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| | (4) | The court may by order require any person in respect of whose property |
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| | the receiver is appointed to bring any documents relating to the property |
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| | which are in his possession or control to a place (in England and Wales |
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| | or, as the case may be, Northern Ireland) specified by the receiver or to |
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| | place them in the custody of the receiver. |
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| | (5) | In subsection (4) “document” means anything in which information of |
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| | any description is recorded. |
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| | (6) | Any prohibition on dealing with property imposed by a property freezing |
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| | order does not prevent a person from complying with any requirements |
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| | imposed by virtue of this section. |
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| | (a) | the receiver deals with any property which is not property in |
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| | respect of which he is appointed under section 245E, and |
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| | (b) | at the time he deals with the property he believes on reasonable |
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| | grounds that he is entitled to do so by virtue of his appointment, |
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| | | the receiver is not liable to any person in respect of any loss or damage |
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| | resulting from his dealing with the property except so far as the loss or |
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| | damage is caused by his negligence. |
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| | 245G | Supervision of section 245E receiver and variations |
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| | (1) | Any of the following persons may at any time apply to the High Court for |
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| | directions as to the exercise of the functions of a receiver appointed under |
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| | (b) | any party to the proceedings for the appointment of the receiver |
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| | or the property freezing order concerned, |
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| | (c) | any person affected by any action taken by the receiver, |
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| | (d) | any person who may be affected by any action proposed to be |
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| | (2) | Before giving any directions under subsection (1), the court must give an |
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| | opportunity to be heard to— |
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| | (b) | the parties to the proceedings for the appointment of the receiver |
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| | and for the property freezing order concerned, |
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| | (c) | any person who may be interested in the application under |
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| | (3) | The court may at any time vary or set aside the appointment of a receiver |
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| | under section 245E, any order under section 245F or any directions under |
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| | (4) | Before exercising any power under subsection (3), the court must give an |
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| | opportunity to be heard to— |
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| | (b) | the parties to the proceedings for the appointment of the receiver, |
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| | for the order under section 245F or, as the case may be, for the |
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| | directions under this section; |
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| | (c) | the parties to the proceedings for the property freezing order |
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| | (d) | any person who may be affected by the court’s decision.” |
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| | (2) | In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent |
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| | orders: recovery of costs of pension scheme trustees or managers) after |
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| | “enforcement authority,” insert “receiver appointed under section 245E,”. |
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| | (3) | In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax |
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| | and capital gains tax rules for receivers), after paragraph (c), insert— |
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| | “(ca) | a receiver appointed under section 245E;”.’. |
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| Page 14, line 41 [Clause 23], before ‘not’, insert ‘to discharge or’. |
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| Page 15, line 18 [Clause 24], leave out from beginning to ‘lies’ and insert ‘Subject |
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| to subsection (4), an appeal under subsection (1) or (2)’. |
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| Page 15, line 18 [Clause 24], at end add— |
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| | ‘(4) | An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal |
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| | if the judge who made the decision grants a certificate that the decision is fit for |
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| | appeal under this section. |
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| | (5) | Subject to any rules of court made under section 53(1) of the Senior Courts Act |
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| | 1981 (c. 54) (distribution of business between civil and criminal divisions), the |
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| | criminal division of the Court of Appeal is the division which is to exercise |
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| | jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of |
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| | the Crown Court in the exercise of its jurisdiction in England and Wales under |
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| | (6) | An appeal against a decision of the Court of Appeal on an appeal to that court |
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| | under subsection (1) or (2) may be made to the Supreme Court by any person who |
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| | was a party to the proceedings before the Court of Appeal. |
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| | (7) | An appeal under subsection (6) lies only with the leave of the Court of Appeal or |
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| | (8) | Such leave must not be granted unless— |
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| | (a) | it is certified by the Court of Appeal that a point of law of general public |
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| | importance is involved in the decision; and |
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| | (b) | it appears to the Court of Appeal or (as the case may be) the Supreme |
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| | Court that the point is one which ought to be considered by the Supreme |
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| | (9) | The Secretary of State may for the purposes of this section by order make |
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| | provision corresponding (subject to any specified modifications) to that made by |
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| | or under an enactment and relating to— |
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| | (a) | appeals to the Court of Appeal under Part 1 of— |
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| | (i) | the Criminal Appeal Act 1968 (c. 19); or |
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| | (ii) | the Criminal Appeal (Northern Ireland) Act 1980 (c. 47); |
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| | (b) | appeals from any decision of the Court of Appeal on appeals falling |
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| | (c) | any matter connected with or arising out of appeals falling within |
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| | (10) | An order under subsection (9) may, in particular, make provision about the |
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| | (11) | The power to make an appeal to the Court of Appeal under subsection (1)(a) |
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| | operates instead of any power for the person who is the subject of the order to |
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| | make an appeal against a decision of the Crown Court in relation to a serious |
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| | crime prevention order by virtue of— |
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| | (a) | section 9 or 10 of the Criminal Appeal Act 1968 (c. 19); or |
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| | (b) | section 8 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47). |
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| | (12) | Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from |
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| | criminal division of the Court of Appeal: England and Wales) does not prevent |
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| | an appeal to the Supreme Court under subsection (6) above.’. |
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| Page 16, line 43 [Clause 27], leave out ‘Secretary of State’ and insert ‘appropriate |
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| Page 16, line 44 [Clause 27], leave out ‘he’ and insert ‘that person’. |
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| Page 17, line 23 [Clause 27], at beginning insert— |
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| | ‘“appropriate Minister” means— |
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| | (h) | in relation to a relevant body falling within paragraphs (a) to (c) |
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| | of the definition of “relevant body” below, the Treasury; and |
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| | (i) | in relation to any other relevant body, the Secretary of State;’. |
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| Page 17, line 32 [Clause 27], after ‘registered;’, insert— |
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| | ‘“partnership” does not include a relevant body;’. |
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| Page 17, line 38 [Clause 27], after ‘society;’, insert— |
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| | ‘(ca) | a limited liability partnership;’. |
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| Page 18, line 28 [Clause 28], leave out ‘Secretary of State’ and insert ‘appropriate |
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| Page 18, line 29 [Clause 28], leave out ‘he’ and insert ‘that person’. |
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| Page 19, line 5 [Clause 28], at beginning insert— |
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| | ‘“appropriate Minister” means— |
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| | (j) | in relation to a relevant body falling within paragraphs (a) to (c) |
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| | of the definition of “relevant body” below, the Treasury; and |
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| | (k) | in relation to any other relevant body, the Secretary of State;’. |
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| Page 19, line 16 [Clause 28], after ‘registered;’, insert— |
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| | ‘“partnership” does not include a relevant body;’. |
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| Page 19, line 22 [Clause 28], after ‘society;’, insert— |
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| | ‘(ca) | a limited liability partnership;’. |
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| Page 47, line 29 [Clause 81], leave out ‘the Director of Public Prosecutions,’. |
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| Page 50, line 23 [Clause 85], after ‘33,’, insert ‘(Costs in relation to authorised |
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| Page 50, line 23 [Clause 85], after ‘7,’, insert ‘24(9),’. |
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