| Previous Section | Index | Home Page |
‘and paragraphs 10, 11 and 18A of Schedule 2’.
No. 18, in line 23, leave out ‘and’.
No. 19, in line 24, at end insert ‘and
(g) section (Civil recovery management receivers)(1) and (2)’.
No. 20, in line 27, at end insert—
‘(ba) section 69(4);’.— [Mr. Coaker.]
Amendment made: No. 21, in page 52, line 5, after ‘(4)’, insert
‘but, subject to this, including the Schedules’.— [Mr. Coaker.]
Amendment made: No. 22, in page 64, line 21, 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.’.— [Mr. Coaker.]
Amendments made: No. 56, in page 74, line 25, at end insert—
‘20A In the Criminal Justice Act 1993 (c. 36)—
(a) section 1(3)(d) (Group B offences);
(b) section 5(4) (incitement to commit Group A offence).’.
No. 57, in line 27, at end insert—
‘21A Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).’.
No. 58, in line 44, at end insert—
‘27A In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)—
(a) section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);
(b) section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).’.
No. 59, in page 75, line 11, at end insert—
‘29A In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))—
(a) Article 38(3)(d) (Group B offences);
(b) Article 42(2) (incitement to commit Group A offence).’.
No. 60, in page 76, line 5, leave out ‘153(3)’ and insert ‘153(a)’.
No. 61, in line 16, leave out paragraph 48 and insert—
‘48 In the Terrorism Act 2006 (c. 11)—
(a) section 17(2)(f) (commission of offences abroad);
(b) paragraph 12(b) of Schedule 1 (Convention offences).’.
No. 62, in page 77, line 20, at end insert—
‘Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)
55A In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “done”.’.— [Mr. Coaker.]
Amendments made: No. 23, in page 110, line 2, after ‘Part’, insert ‘5 or’.
No. 24, in line 42, after ‘Agency”’, insert
‘and for “establish” substitute “provide”’.
No. 25, in page 112, line 9, 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.’.
No. 26, in line 17, after ‘Director”, insert
No. 27, in line 39, 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”.
(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”.
(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
(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.”’.
No. 28, in page 112, line 44, 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’.
No. 29, in page 113, line 5, leave out from ‘(f)’ to ‘the exercise’ in line 6.
No. 30, in line 10, after ‘5’, insert ‘or 8’.
No. 31, in line 11, leave out paragraph 134.
No. 32, in page 114, line 4, leave out paragraph 139.
No. 33, in line 26, leave out ‘Defence’ and insert ‘Justice’.
No. 34, in page 116, line 34, leave out ‘(8)(a)’ and insert ‘(8)’.
No. 35, in page 118, line 25, 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)—
(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’.
No. 36, in page 118, line 31, leave out ‘including’ and insert ‘excluding’.
No. 37, in page 119, line 2, after ‘5’, insert ‘or 8’.
No. 38, in page 120, line 7, after ‘5’, insert ‘or 8’.
No. 39, in line 25, 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.’.
No. 40, in line 25, 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).”’.
No. 41, in page 121, line 21, 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”.’.— [Mr. Coaker.]
Amendments made: No. 42, in page 130, line 14, after ‘Customs’, insert
‘who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is’.
No. 43, in line 19, after ‘Customs’, insert
‘who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is’.
No. 44, in page 131, line 2, after ‘Customs’, insert
‘who is a senior official and who is’.
No. 45, in line 29, after ‘(4)(l),’, insert ‘—
No. 46, in line 31, at end insert ‘, and
(ii) after “if he is” insert “a senior official”.’.— [Mr. Coaker.]
Amendment made: No. 47, in page 133, line 34, after ‘23(2)’, insert ‘or 24(5)’.— [Mr. Coaker.]
Amendments made: No. 48, in page 136, line 22, leave out ‘(8)(a)’ and insert ‘(8)’.
No. 49, in page 141, line 13, column 2, leave out from beginning to end of line 15 and insert—
‘Section 436(5)(b) and (ga). | |
Section 438(2) to (4).’. |
No. 50, in page 141, leave out line 17.
No. 51, in line 23, at end insert—
‘Crime (International Co-operation) Act 2003 (c. 32) | In Schedule 5, paragraphs 82 and 83.’. |
No. 52, in line 27, column 2, at beginning insert—
‘In section 21(1)(b), the word “or” at the end of sub-paragraph (i).’. |
No. 53, in line 51, at end insert—
‘Tribunals, Courts and Enforcement Act 2007 (c. 15) | In Schedule 13, paragraph 145. |
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) | In Schedule 1, the words “Assets Recovery Agency”.’. |
Amendment made: No. 86, in title, line 11, after ‘warrants;’, insert
‘to extend stop and search powers in connection with incidents involving serious violence;’.— [Mr. Coaker.]
9.2 pm
Mr. McNulty: I beg to move, That the Bill be now read the Third time.
| Next Section | Index | Home Page |