House of Commons Amendments

House of Commons

Session 2006 - 07
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Other Bills before Parliament

1847

House of Commons

Monday 22nd October 2007

Consideration of Bill

Serious Crime Bill [Lords], As Amended

New Clauses

Compliance with orders: authorised monitors

Secretary Jacqui Smith

NC1

To move the following Clause:—

‘(1)
A serious crime prevention order against a body corporate, partnership or

unincorporated association may authorise a law enforcement agency to enter into

arrangements with—

(a)
a specified person; or

(b)
any person who falls within a specified description of persons;


to perform specified monitoring services or monitoring services of a specified

description.

(2)
A person with whom the agency has entered into arrangements in accordance

with such an authorisation is known for the purposes of this section as an

authorised monitor.

(3)
A serious crime prevention order which provides for an authorised monitor may,

for the purpose of enabling the performance of monitoring services, impose

requirements of the type mentioned in section 5(5) as if the references in

paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer

included references to an authorised monitor.

(4)
A serious crime prevention order which provides for an authorised monitor may

require any body corporate, partnership or unincorporated association which is

the subject of the order to pay to the law enforcement agency concerned some or

all of the costs incurred by the agency under the arrangements with the authorised

monitor.

(5)
Any such order—

(a)
must specify the period, or periods, within which payments are to be

made;

(b)
may require the making of payments on account;

(c)
may include other terms about the calculation or payment of costs.

(6)
The tests for making or varying a serious crime prevention order in sections

1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2)

and (4) do not operate in relation to an order so far as the order contains terms of

Consideration of Bill: 22nd October 2007
1848

Serious Crime Bill [Lords] continued

the kind envisaged by subsections (4) and (5) above (or by subsection (1) above

for the purposes of those subsections).

(7)
But a court must not include in a serious crime prevention order (whether initially

or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it

considers that it is appropriate to do so having regard to all the circumstances

including, in particular—

(a)
the means of the body corporate, partnership or unincorporated

association concerned;

(b)
the expected size of the costs; and

(c)
the effect of the terms on the ability of any body corporate, partnership or

unincorporated association which is carrying on business to continue to

do so.

(8)
A law enforcement agency must inform the subject of a serious crime prevention

order which provides for an authorised monitor of the name of, and an address

for, any person with whom the agency has entered into arrangements in

accordance with the authorisation in the order.

(9)
Nothing in this section affects the ability of law enforcement agencies to enter

into arrangements otherwise than in accordance with an authorisation under this

section.

(10)
In this section—

“law enforcement agency” means—

(a)
a police authority or the Northern Ireland Policing Board;

(b)
the Serious Organised Crime Agency;

(c)
the Commissioners for Her Majesty’s Revenue and Customs; or

(d)
the Director of the Serious Fraud Office;

“monitoring services” means—

(a)
analysing some or all information received in accordance with a

serious crime prevention order;

(b)
reporting to a law enforcement officer as to whether, on the basis

of the information and any other information analysed for this

purpose, the subject of the order appears to be complying with

the order or any part of it; and

(c)
any related services; and

“specified”, in relation to a serious crime prevention order, means specified

in the order.’.

Costs in relation to authorised monitors

Secretary Jacqui Smith

NC2

To move the following Clause:—

‘(1)
The Secretary of State may by order make provision about the practice and

procedure for determining the amount of—

(a)
any costs payable by virtue of section (Compliance with orders:

authorised monitors)(4) and (5); and

(b)
any interest payable in respect of those costs.

(2)
Such provision may, in particular, include provision about appeals.

Consideration of Bill: 22nd October 2007
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Serious Crime Bill [Lords] continued

(3)
Where any amounts required to be paid by virtue of section (Compliance with

orders: authorised monitors)(4) and (5) have not been paid within a required

period, the law enforcement agency concerned must take reasonable steps to

recover them and any interest payable in respect of them.

(4)
The Secretary of State must by order provide for what are reasonable steps for the

purposes of subsection (3).

(5)
Any amounts which have not been recovered despite the taking of the reasonable

steps are recoverable as if due to the law enforcement agency concerned by virtue

of a civil order or judgment.

(6)
Where any amounts required to be paid by virtue of section (Compliance with

orders: authorised monitors)(4) and (5) are, in the case of an order of the Crown

Court, not paid within a required period, the unpaid balance from time to time

carries interest at the rate for the time being specified in section 17 of the

Judgments Act 1838 (c. 110) (interest on civil judgment debts).

(7)
For the purposes of section 25, a failure to comply with a requirement imposed

by virtue of section (Compliance with orders: authorised monitors)(4) and (5) to

make payments occurs when the amounts become recoverable as mentioned in

subsection (5) above (and not before).

(8)
In this section “law enforcement agency” has the same meaning as in section

(Compliance with orders: authorised monitors).’.

Civil recovery management receivers

Secretary Jacqui Smith

NC3

To move the following Clause:—

‘(1)
After section 245D of the Proceeds of Crime Act 2002 (c. 29) (property freezing

orders) insert—

“245E
Receivers in connection with property freezing orders

(1)
Subsection (2) applies if—

(a)
the High Court makes a property freezing order on an application

by an enforcement authority, and

(b)
the authority applies to the court to proceed under subsection (2)

(whether as part of the application for the property freezing order

or at any time afterwards).

(2)
The High Court may by order appoint a receiver in respect of any

property to which the property freezing order applies.

(3)
An application for an order under this section may be made without

notice if the circumstances are such that notice of the application would

prejudice any right of the enforcement authority to obtain a recovery

order in respect of any property.

(4)
In its application for an order under this section, the enforcement

authority must nominate a suitably qualified person for appointment as a

receiver.

(5)
Such a person may be a member of staff of the enforcement authority.

Consideration of Bill: 22nd October 2007
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Serious Crime Bill [Lords] continued

(6)
The enforcement authority may apply a sum received by it under section

280(2) in making payment of the remuneration and expenses of a receiver

appointed under this section.

(7)
Subsection (6) does not apply in relation to the remuneration of the

receiver if he is a member of the staff of the enforcement authority (but

it does apply in relation to such remuneration if the receiver is a person

providing services under arrangements made by the enforcement

authority).

245F
Powers of receivers appointed under section 245E

(1)
If the High Court appoints a receiver under section 245E on an

application by an enforcement authority, the court may act under this

section on the application of the authority.

(2)
The court may by order authorise or require the receiver—

(a)
to exercise any of the powers mentioned in paragraph 5 of

Schedule 6 (management powers) in relation to any property in

respect of which the receiver is appointed,

(b)
to take any other steps the court thinks appropriate in connection

with the management of any such property (including securing

the detention, custody or preservation of the property in order to

manage it).

(3)
The court may by order require any person in respect of whose property

the receiver is appointed—

(a)
to bring the property to a place (in England and Wales or, as the

case may be, Northern Ireland) specified by the receiver or to

place it in the custody of the receiver (if, in either case, he is able

to do so),

(b)
to do anything he is reasonably required to do by the receiver for

the preservation of the property.

(4)
The court may by order require any person in respect of whose property

the receiver is appointed to bring any documents relating to the property

which are in his possession or control to a place (in England and Wales

or, as the case may be, Northern Ireland) specified by the receiver or to

place them in the custody of the receiver.

(5)
In subsection (4) “document” means anything in which information of

any description is recorded.

(6)
Any prohibition on dealing with property imposed by a property freezing

order does not prevent a person from complying with any requirements

imposed by virtue of this section.

(7)
If—

(a)
the receiver deals with any property which is not property in

respect of which he is appointed under section 245E, and

(b)
at the time he deals with the property he believes on reasonable

grounds that he is entitled to do so by virtue of his appointment,


the receiver is not liable to any person in respect of any loss or damage

resulting from his dealing with the property except so far as the loss or

damage is caused by his negligence.