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| Page 51, line 18 [Clause 89], after ‘sections)’, insert ‘and paragraphs 10, 11 and |
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| Page 51, line 23 [Clause 89], leave out ‘and’. |
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| Page 51, line 24 [Clause 89], at end insert ‘and |
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| | (g) | section (Civil recovery management receivers)(1) and (2)’. |
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| Page 51, line 27 [Clause 89], at end insert— |
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| Page 52, line 5 [Clause 90], after ‘(4)’, insert ‘but, subject to this, including the |
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| Page 64, line 21 [Schedule 2], at end insert— |
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| | ‘18A | Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland |
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| | Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of |
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| | the Director of Public Prosecutions for Northern Ireland under this Part.’. |
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| Page 110, line 2 [Schedule 8], after ‘Part’, insert ‘5 or’. |
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| Page 110, line 42 [Schedule 8], after ‘Agency”’, insert ‘and for “establish” |
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| Page 112, line 9 [Schedule 8], leave out from beginning to end of line 16 and |
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| | ‘(1) | Anything which the Director of Public Prosecutions is authorised or required to |
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| | do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his |
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| | staff if the member of staff is authorised by the Director (generally or specifically) |
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| | |
| | (2) | Anything which the Director of Revenue and Customs Prosecutions or the |
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| | Director of the Serious Fraud Office is authorised or required to do under, or in |
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| | relation to, Part 5 or 8 of this Act may be done by a member of his staff if the |
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| | member of staff is authorised by the Director concerned (generally or |
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| | specifically) for that purpose.’. |
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| Page 112, line 17 [Schedule 8], after ‘Director”, insert ‘or a member of his staff’. |
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| Page 112, line 39 [Schedule 8], leave out from beginning to end of line 40 and |
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| | | ‘For section 435 (use of information by Director) substitute— |
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| | “435 | Use of information by certain Directors |
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| | (1) | Information obtained by or on behalf of the Director in connection |
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| | with the exercise of any of his functions under, or in relation to, Part 5 |
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| | or 8 may be used by him in connection with his exercise of any of his |
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| | other functions (whether under, or in relation to, either Part, another |
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| | Part of this Act or otherwise). |
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| | (2) | Information obtained by or on behalf of the Director in connection |
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| | with the exercise of any of his functions (whether under, or in relation |
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| | to, this Act or otherwise) which are not functions under, or in relation |
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| | to, Part 5 or 8 may be used by him in connection with his exercise of |
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| | any of his functions under, or in relation to, Part 5 or 8. |
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| | (3) | This section applies to information obtained before the coming into |
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| | force of the section as well as to information obtained after the coming |
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| | into force of the section. |
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| | (4) | In this section “the Director” means— |
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| | (a) | the Director of Public Prosecutions; |
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| | (b) | the Director of the Serious Fraud Office; or |
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| | (c) | the Director of Public Prosecutions for Northern Ireland.” |
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| | 131A (1) | Section 436 (disclosure of information to Director) is amended as follows. |
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| | (2) | In the heading for “Director” substitute “certain Directors”. |
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| | (a) | for “this section” substitute “subsection (10)”; and |
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| | (b) | after “functions” insert “under, or in relation to, Part 5 or 8”. |
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| | (4) | In subsection (5), omit paragraph (b) and (ga). |
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| | (5) | After subsection (9) insert— |
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| | “(10) | In this section “the Director” has the same meaning as in section 435.” |
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| | 131B (1) | Section 437 (further disclosure) is amended as follows. |
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| | (2) | In subsection (2)(a) after “functions” insert “under, or in relation to, Part 5 or |
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| | (3) | After subsection (6) insert— |
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| | “(7) | In this section “the Director” has the same meaning as in section 435.” |
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| | 131C (1) | Section 438 (disclosure of information by Director) is amended as follows. |
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| | (2) | In the heading for “Director” substitute “certain Directors”. |
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| | (a) | after “functions”, where it first appears, insert “under, or in relation to, |
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| | (b) | in paragraph (c) after “functions” insert “under, or in relation to, Part |
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| | (c) | after paragraph (f) insert— |
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| | “(fa) | the exercise of any functions of SOCA, another |
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| | Director or the Director of Revenue and Customs |
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| | Prosecutions under, or in relation to, Part 5 or 8;”. |
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| | (4) | Omit subsections (2) to (4). |
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| | (5) | After subsection (8) insert— |
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| | “(8A) | This section does not affect a power to disclose which exists apart |
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| | (8B) | This section applies to information obtained before the coming into |
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| | force of subsection (10) as well as to information obtained after the |
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| | coming into force of that subsection.” |
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| | (6) | After subsection (9) insert— |
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| | “(10) | In this section “the Director” has the same meaning as in section |
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| Page 112, line 44 [Schedule 8], after ‘SOCA’, insert ‘but only so far as the |
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| information is held by it or on its behalf otherwise than in connection with its functions |
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| Page 113, line 5 [Schedule 8], leave out from ‘(f)’ to ‘the exercise’ in line 6. |
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| Page 113, line 10 [Schedule 8], after ‘5’, insert ‘or 8’. |
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| Page 113, line 11 [Schedule 8], leave out paragraph 134. |
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| Page 114, line 4 [Schedule 8], leave out paragraph 139. |
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| Page 114, line 26 [Schedule 8], leave out ‘Defence’ and insert ‘Justice’. |
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| Page 116, line 34 [Schedule 8], leave out ‘(8)(a)’ and insert ‘(8)’. |
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| Page 118, line 25 [Schedule 8], leave out from beginning to end of line and insert— |
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| | ‘163 | In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 |
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| | (disclosure to prosecuting authority)— |
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| | (a) | omit “or” at the end of sub-paragraph (i); and |
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| | (b) | after sub-paragraph (ii) insert “, or |
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| | “(iii) | in the case of the Director of Revenue and |
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| | Customs Prosecutions, to exercise his |
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| | functions under, or in relation to, Part 5 or 8 |
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| | of the Proceeds of Crime Act 2002 (c. 29).” |
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| | 163A | After section 35(4) of that Act’. |
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| Page 118, line 31 [Schedule 8], leave out ‘including’ and insert ‘excluding’. |
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| Page 119, line 2 [Schedule 8], after ‘5’, insert ‘or 8’. |
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| Page 120, line 7 [Schedule 8], after ‘5’, insert ‘or 8’. |
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| Page 120, line 25 [Schedule 8], after ‘conduct).’, insert— |
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| | ‘(2D) | Subsections (1) and (2), so far as relating to disclosure for the purposes of the |
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| | exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of |
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| | Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5 |
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| | of that Act, do not apply to information obtained by SOCA in connection with the |
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| | exercise of any of its functions other than its functions under that Act.’. |
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| Page 120, line 25 [Schedule 8], at end insert— |
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| | ‘170A | After section 35(1) of that Act (restrictions on further disclosure) insert— |
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| | “(1A) | Subsection (1) does not apply to— |
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| | (a) | information disclosed by SOCA under section 33 to the Lord |
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| | Advocate for the purpose of the exercise of any of his |
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| | functions under Part 3 of the Proceeds of Crime Act 2002 |
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| | |
| | (b) | information disclosed by SOCA under section 33 to the |
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| | Scottish Ministers for the purposes of the exercise of any of |
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| | their functions under, or in relation to, Part 5 of that Act; |
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| | | but see instead section 441 of the Proceeds of Crime Act 2002 |
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| Page 121, line 21 [Schedule 8], at end insert— |
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| | ‘Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) |
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| | | In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act |
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| | 2007 (list of government departments etc.) omit “Assets Recovery Agency”.’. |
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| Page 130, line 14 [Schedule 12], after ‘Customs’, insert ‘who is a senior official |
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| within the meaning of the Regulation of Investigatory Powers Act 2000 and who is’. |
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| Page 130, line 19 [Schedule 12], after ‘Customs’, insert ‘who is a senior official |
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| within the meaning of the Regulation of Investigatory Powers Act 2000 and who is’. |
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| Page 131, line 2 [Schedule 12], after ‘Customs’, insert ‘who is a senior official and |
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| Page 131, line 29 [Schedule 12], after ‘(4)(l),’, insert ‘— |
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| Page 131, line 31 [Schedule 12], at end insert ‘, and |
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| | (ii) | after “if he is” insert “a senior official”.’. |
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| Page 133, line 34 [Schedule 13], after ‘23(2)’, insert ‘or 24(5)’. |
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| Page 136, line 22 [Schedule 14], leave out ‘(8)(a)’ and insert ‘(8)’. |
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| Page 141, line 13 [Schedule 14], column 2, leave out from beginning to end of line |
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| | ‘Section 436(5)(b) and (ga). |
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| Page 141 [Schedule 14], leave out line 17. |
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| Page 141, line 23 [Schedule 14], at end insert— |
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| ‘Crime (International Co- |
| In Schedule 5, paragraphs 82 and 83.’. |
| | | | operation) Act 2003 (c. 32) |
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