House of Commons Amendments

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Notices of Amendments: 15th October 2007
1798

Serious Crime Bill [Lords], continued

Secretary Jacqui Smith

17

Page  51,  line  18  [Clause  89],   after ‘sections)’, insert ‘and paragraphs 10, 11 and

18A of Schedule 2’.

Secretary Jacqui Smith

18

Page  51,  line  23  [Clause  89],  leave out ‘and’.

Secretary Jacqui Smith

19

Page  51,  line  24  [Clause  89],  at end insert ‘and

(g)
section (Civil recovery management receivers)(1) and (2)’.

Secretary Jacqui Smith

20

Page  51,  line  27  [Clause  89],  at end insert—

‘(ba)
section 69(4);’.

Secretary Jacqui Smith

21

Page  52,  line  5  [Clause  90],  after ‘(4)’, insert ‘but, subject to this, including the

Schedules’.

Secretary Jacqui Smith

22

Page  64,  line  21  [Schedule  2],  at end insert—

‘18A
Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland

Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of

the Director of Public Prosecutions for Northern Ireland under this Part.’.

Secretary Jacqui Smith

23

Page  110,  line  2  [Schedule  8],  after ‘Part’, insert ‘5 or’.

Secretary Jacqui Smith

24

Page  110,  line  42  [Schedule  8],  after ‘Agency”’, insert ‘and for “establish”

substitute “provide”’.

Secretary Jacqui Smith

25

Page  112,  line  9  [Schedule  8],  leave out from beginning to end of line 16 and

insert—

‘(1)
Anything which the Director of Public Prosecutions is authorised or required to

do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his

staff if the member of staff is authorised by the Director (generally or specifically)

for that purpose.

(2)
Anything which the Director of Revenue and Customs Prosecutions or the

Director of the Serious Fraud Office is authorised or required to do under, or in

relation to, Part 5 or 8 of this Act may be done by a member of his staff if the

member of staff is authorised by the Director concerned (generally or

specifically) for that purpose.’.

Notices of Amendments: 15th October 2007
1799

Serious Crime Bill [Lords], continued

Secretary Jacqui Smith

26

Page  112,  line  17  [Schedule  8],  after ‘Director”, insert ‘or a member of his staff’.

Secretary Jacqui Smith

27

Page  112,  line  39  [Schedule  8],  leave out from beginning to end of line 40 and

insert—


‘For section 435 (use of information by Director) substitute—

“435
Use of information by certain Directors

(1)
Information obtained by or on behalf of the Director in connection

with the exercise of any of his functions under, or in relation to, Part 5

or 8 may be used by him in connection with his exercise of any of his

other functions (whether under, or in relation to, either Part, another

Part of this Act or otherwise).

(2)
Information obtained by or on behalf of the Director in connection

with the exercise of any of his functions (whether under, or in relation

to, this Act or otherwise) which are not functions under, or in relation

to, Part 5 or 8 may be used by him in connection with his exercise of

any of his functions under, or in relation to, Part 5 or 8.

(3)
This section applies to information obtained before the coming into

force of the section as well as to information obtained after the coming

into force of the section.

(4)
In this section “the Director” means—

(a)
the Director of Public Prosecutions;

(b)
the Director of the Serious Fraud Office; or

(c)
the Director of Public Prosecutions for Northern Ireland.”

131A (1)
Section 436 (disclosure of information to Director) is amended as follows.

      (2)
In the heading for “Director” substitute “certain Directors”.

      (3)
In subsection (1)—

(a)
for “this section” substitute “subsection (10)”; and

(b)
after “functions” insert “under, or in relation to, Part 5 or 8”.

      (4)
In subsection (5), omit paragraph (b) and (ga).

      (5)
After subsection (9) insert—

“(10)
In this section “the Director” has the same meaning as in section 435.”

131B (1)
Section 437 (further disclosure) is amended as follows.

      (2)
In subsection (2)(a) after “functions” insert “under, or in relation to, Part 5 or

8”.

      (3)
After subsection (6) insert—

“(7)
In this section “the Director” has the same meaning as in section 435.”

131C (1)
Section 438 (disclosure of information by Director) is amended as follows.

      (2)
In the heading for “Director” substitute “certain Directors”.

      (3)
In subsection (1)—

(a)
after “functions”, where it first appears, insert “under, or in relation to,

Part 5 or 8”;

(b)
in paragraph (c) after “functions” insert “under, or in relation to, Part

5 or 8”; and

Notices of Amendments: 15th October 2007
1800

Serious Crime Bill [Lords], continued

(c)
after paragraph (f) insert—

“(fa)
the exercise of any functions of SOCA, another

Director or the Director of Revenue and Customs

Prosecutions under, or in relation to, Part 5 or 8;”.

      (4)
Omit subsections (2) to (4).

      (5)
After subsection (8) insert—

“(8A)
This section does not affect a power to disclose which exists apart

from this section.

(8B)
This section applies to information obtained before the coming into

force of subsection (10) as well as to information obtained after the

coming into force of that subsection.”

      (6)
After subsection (9) insert—

“(10)
In this section “the Director” has the same meaning as in section

435.”’.

Secretary Jacqui Smith

28

Page  112,  line  44  [Schedule  8],  after ‘SOCA’, insert ‘but only so far as the

information is held by it or on its behalf otherwise than in connection with its functions

under this Act’.

Secretary Jacqui Smith

29

Page  113,  line  5  [Schedule  8],  leave out from ‘(f)’ to ‘the exercise’ in line 6.

Secretary Jacqui Smith

30

Page  113,  line  10  [Schedule  8],  after ‘5’, insert ‘or 8’.

Secretary Jacqui Smith

31

Page  113,  line  11  [Schedule  8],  leave out paragraph 134.

Secretary Jacqui Smith

32

Page  114,  line  4  [Schedule  8],  leave out paragraph 139.

Secretary Jacqui Smith

33

Page  114,  line  26  [Schedule  8],  leave out ‘Defence’ and insert ‘Justice’.

Secretary Jacqui Smith

34

Page  116,  line  34  [Schedule  8],  leave out ‘(8)(a)’ and insert ‘(8)’.

Secretary Jacqui Smith

35

Page  118,  line  25  [Schedule  8],  leave out from beginning to end of line and insert—

‘163
In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005

(disclosure to prosecuting authority)—

Notices of Amendments: 15th October 2007
1801

Serious Crime Bill [Lords], continued

(a)
omit “or” at the end of sub-paragraph (i); and

(b)
after sub-paragraph (ii) insert “, or

“(iii)
in the case of the Director of Revenue and

Customs Prosecutions, to exercise his

functions under, or in relation to, Part 5 or 8

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

163A
After section 35(4) of that Act’.

Secretary Jacqui Smith

36

Page  118,  line  31  [Schedule  8],  leave out ‘including’ and insert ‘excluding’.

Secretary Jacqui Smith

37

Page  119,  line  2  [Schedule  8],  after ‘5’, insert ‘or 8’.

Secretary Jacqui Smith

38

Page  120,  line  7  [Schedule  8],  after ‘5’, insert ‘or 8’.

Secretary Jacqui Smith

39

Page  120,  line  25  [Schedule  8],  after ‘conduct).’, insert—

‘(2D)
Subsections (1) and (2), so far as relating to disclosure for the purposes of the

exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of

Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5

of that Act, do not apply to information obtained by SOCA in connection with the

exercise of any of its functions other than its functions under that Act.’.

Secretary Jacqui Smith

40

Page  120,  line  25  [Schedule  8],  at end insert—

‘170A
After section 35(1) of that Act (restrictions on further disclosure) insert—

“(1A)
Subsection (1) does not apply to—

(a)
information disclosed by SOCA under section 33 to the Lord

Advocate for the purpose of the exercise of any of his

functions under Part 3 of the Proceeds of Crime Act 2002

(c. 29); or

(b)
information disclosed by SOCA under section 33 to the

Scottish Ministers for the purposes of the exercise of any of

their functions under, or in relation to, Part 5 of that Act;


but see instead section 441 of the Proceeds of Crime Act 2002

(c. 29).”’.

Secretary Jacqui Smith

41

Page  121,  line  21  [Schedule  8],  at end insert—

‘Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)


In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act

2007 (list of government departments etc.) omit “Assets Recovery Agency”.’.

Notices of Amendments: 15th October 2007
1802

Serious Crime Bill [Lords], continued

Secretary Jacqui Smith

42

Page  130,  line  14  [Schedule  12],  after ‘Customs’, insert ‘who is a senior official

within the meaning of the Regulation of Investigatory Powers Act 2000 and who is’.

Secretary Jacqui Smith

43

Page  130,  line  19  [Schedule  12],  after ‘Customs’, insert ‘who is a senior official

within the meaning of the Regulation of Investigatory Powers Act 2000 and who is’.

Secretary Jacqui Smith

44

Page  131,  line  2  [Schedule  12],  after ‘Customs’, insert ‘who is a senior official and

who is’.

Secretary Jacqui Smith

45

Page  131,  line  29  [Schedule  12],  after ‘(4)(l),’, insert ‘—

(i)
’.

Secretary Jacqui Smith

46

Page  131,  line  31  [Schedule  12],  at end insert ‘, and

(ii)
after “if he is” insert “a senior official”.’.

Secretary Jacqui Smith

47

Page  133,  line  34  [Schedule  13],  after ‘23(2)’, insert ‘or 24(5)’.

Secretary Jacqui Smith

48

Page  136,  line  22  [Schedule  14],  leave out ‘(8)(a)’ and insert ‘(8)’.

Secretary Jacqui Smith

49

Page  141,  line  13  [Schedule  14],  column 2, leave out from beginning to end of line

15 and insert—

‘Section 436(5)(b) and (ga).

Section 438(2) to (4).’.

Secretary Jacqui Smith

50

Page  141  [Schedule  14],  leave out line 17.

Secretary Jacqui Smith

51

Page  141,  line  23  [Schedule  14],  at end insert—

‘Crime (International Co-
In Schedule 5, paragraphs 82 and 83.’.

operation) Act 2003 (c. 32)

Notices of Amendments: 15th October 2007
1803

Serious Crime Bill [Lords], continued

Secretary Jacqui Smith

52

Page  141,  line  26  [Schedule  14],  column 2, at beginning insert—

‘In section 21(1)(b), the word “or” at the end of sub-

paragraph (i).’.

Secretary Jacqui Smith

53

Page  141,  line  51  [Schedule  14],  at end insert—

‘Tribunals, Courts and
In Schedule 13, paragraph 145.

Enforcement Act 2007 (c. 15)

Corporate Manslaughter and
In Schedule 1, the words “Assets Recovery

Corporate Homicide Act 2007
Agency”.’.

(c. 19)