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577

 

House of Commons

 
 

Monday 22nd October 2007

 

Report Stage Proceedings

 

Serious Crime Bill [Lords], As Amended


 

New Clauses

 

Compliance with orders: authorised monitors

 

Secretary Jacqui Smith

 

Read a second time on division  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


 
 

Report Stage Proceedings: 22nd October 2007              

578

 

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.’.

 

Clause added.

 


 

Costs in relation to authorised monitors

 

Secretary Jacqui Smith

 

Added  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.


 
 

Report Stage Proceedings: 22nd October 2007              

579

 

Serious Crime Bill [Lords] continued

 
 

(2)    

Such provision may, in particular, include provision about appeals.

 

(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

 

Added  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.


 
 

Report Stage Proceedings: 22nd October 2007              

580

 

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.


 
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