Schedule
15
Repeals
and
revocations
Amendments
made: No. 192, in schedule 15, page 122, line 33, column
2, at end
insert—
‘In
section 51(1A), the words “, subject to section 33(1A) of this
Act,”.’.
No.
193, in
schedule 15, page 127, line 38, column
2, at end
insert—
‘Section
376.’.—[Mr.
Coaker.]
Schedule
15, as amended, agreed
to.
Clause
83
Extent
Amendments
made: No. 194, in
clause 83, page 44, line 27, after
‘(2);’,
insert—
‘( ) section (Powers
of management receivers and enforcement receivers)(1) and
(2);’.
No.
201, in
clause 83, page 44, line 32, leave
out ‘29’ and insert ‘(Powers to wind up:
supplementary)’.
No.
195, in
clause 83, page 45, line 6, after
‘(4);’,
insert—
‘( ) section (Powers
of management receivers and enforcement receivers)(3) and
(4);’.—[Mr.
Coaker.]
Clause
83, as amended, ordered to stand part of the
Bill.
Clause 84
ordered to stand part of the Bill.
Clause
85
Short
title
Amendment
made: No. 196, in clause 85, page 45, line 41, leave out subsection
(2).—[Mr.
Coaker.]
Clause
85, as amended, ordered to stand part of the
Bill.
New
Clause
8
Institution
of proceedings for an offence under this
Part
‘(1) Any provision to
which this section applies has effect with respect to an offence under
this Part as it has effect with respect to the anticipated
offence.
(2) This section
applies to provisions made by or under an enactment (whenever passed or
made) that—
(a) provide
that proceedings may not be instituted or carried on otherwise than by,
or on behalf or with the consent of, any person (including any
provision which also makes exceptions to the
prohibition);
(b) confer power
to institute proceedings;
(c)
confer power to seize and detain
property;
(d) confer a power of
forfeiture, including any power to deal with anything liable to be
forfeited.
(3) In relation to
an offence under section
43—
(a) the reference in
subsection (1) to the anticipated offence is to be read as a reference
to any offence specified in the indictment;
and
(b) each of the offences
specified in the indictment must be an offence in respect of which the
prosecutor has power to institute
proceedings.
(4) Any consent to
proceedings required as a result of this section is in addition to any
consent required by section 50.’.—[Maria
Eagle.]
Brought
up, and read the First
time.
Maria
Eagle:
I beg to move, That the clause be read a Second
time.
The new clause
ensures that the powers that apply to a substantive offence would also
apply to an offence of encouraging or assisting that offence. It is
entirely sensible and one of the main purposes of the entire reform of
the criminal law that part 2 represents that this be the case. There is
already similar provision in section 2 of the Criminal Attempts Act
1981 to ensure that powers applying to substantive offences also apply
to attempts. Therefore, there is nothing out of order here; it is
simply joining up the system. On that basis, I hope that the Committee
will be able to accept the new
clause.
James
Brokenshire:
The Minister has explained that this is a
question of consistency. The new clause ensures that the amendment to
inchoate offences as proposed by the Law Commission is effective and
holds together as intended. On that basis, we will not oppose new
clause 8.
Question
put and agreed
to.
Clause read
a Second time, and added to the Bill.
New Clause
9
No
individual liability in respect of corporate
manslaughter
‘In section 18
of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 00)
(no individual liability for offences under that Act) after subsection
(1) insert—
“(1A)
An individual cannot be guilty of an offence under Part 2 of
the Serious Crime Act 2007 (encouraging or assisting crime) by
reference to an offence of corporate
manslaughter.”’.—[Maria
Eagle.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
11
Code
of practice for disclosure of information to prevent
fraud
‘(1) The Secretary of
State must prepare, and keep under review, a code of practice with
respect to the disclosure, for the purposes of preventing fraud or a
particular kind of fraud, of information by public authorities as
members of specified anti-fraud organisations or otherwise in
accordance with any arrangements made by such
organisations.
(2) Before
preparing or altering the code, the Secretary of State must
consult—
(a) any
specified anti-fraud
organisation;
(b) the
Information Commissioner;
and
(c) such other persons as
the Secretary of State considers
appropriate.
(3) A public
authority must have regard to the code in (or in connection with)
disclosing information, for the purposes of preventing fraud or a
particular kind of fraud, as a member of a specified anti-fraud
organisation or otherwise in accordance with any arrangements made by
such an organisation.
(4)
Nothing in this section applies in relation to any disclosure by a
relevant public authority of information whose subject-matter is a
matter about which provision would be within the legislative competence
of the Scottish Parliament if it were included in an Act of the
Scottish Parliament.
(5) The
Secretary of State
must—
(a) lay a copy of
the code, and of any alterations to it, before Parliament;
and
(b) from time to time
publish the code as for the time being in
force.
(6) In this
section—
“information”
and “public authority” have the same meaning as in
section 63;
“relevant
public authority” has the meaning given by section 63(6);
and
“specified
anti-fraud organisation” means any person which is a specified
anti-fraud organisation for the purposes of section
63.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
13
Powers
of management receivers and enforcement
receivers
‘(1) After section
49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity
for persons to make representations before powers conferred on
management receivers to manage or otherwise deal with property: England
and Wales)
insert—
“(8A)
Subsection (8), so far as relating to the power mentioned in subsection
(2)(b), does not apply to property
which—
(a) is
perishable; or
(b) ought to be
disposed of before its value
diminishes.”
(2) After section 51(8) of that
Act (opportunity for persons to make representations before powers
conferred on enforcement receivers to manage or otherwise deal with
property: England and Wales)
insert—
“(8A)
Subsection (8), so far as relating to the power mentioned in subsection
(2)(b), does not apply to property
which—
(a) is
perishable; or
(b) ought to be
disposed of before its value
diminishes.”
(3) After
section 197(8) of that Act (opportunity for persons to make
representations before powers conferred on management receivers to
manage or otherwise deal with property: Northern Ireland)
insert—
“(8A)
Subsection (8), so far as relating to the power mentioned in subsection
(2)(b), does not apply to property
which—
(a) is
perishable; or
(b) ought to be
disposed of before its value
diminishes.”
(4) After
section 199(8) of that Act (opportunity for persons to make
representations before powers conferred on enforcement receivers to
manage or otherwise deal with property: Northern Ireland)
insert—
“(8A)
Subsection (8), so far as relating to the power mentioned in subsection
(2)(b), does not apply to property
which—
(a) is
perishable; or
(b) ought to be
disposed of before its value
diminishes.”’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
14
Disclosure
of information by Revenue and
Customs
‘(1) This section
applies to information held as mentioned in section 18(1) of the
Commissioners for Revenue and Customs Act 2005 (c. 11)
(confidentiality).
(2)
Information to which this section applies may be disclosed by or with
the authority of the Commissioners of Revenue and
Customs—
(a) to the
Criminal Assets Bureau in Ireland (“the CAB”) for the
purpose of enabling or assisting the CAB to exercise any of its
functions in connection with any matter within subsection (3);
or
(b) to any specified public
authority (in the United Kingdom or
elsewhere)—
(i) for the
purpose of enabling or assisting the public authority to exercise any
of its functions in connection with any matter within subsection (3);
or
(ii) (if the specifying
order so provides) for the purpose of enabling or assisting the public
authority to exercise any of its functions in connection with any
matter within that subsection that is specified, or of a description
specified, in the order.
(3)
The matters within this subsection
are—
(a) the
identification of proceeds of
crime;
(b) the bringing of
civil proceedings for enforcement purposes in relation to proceeds of
crime; and
(c) the taking of
other action in relation to proceeds of
crime.
(4) Information
disclosed in accordance with subsection (2) must not be further
disclosed except—
(a) in
connection with the exercise of any of the functions of the CAB or a
specified public authority in connection with any matter within
subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as
is mentioned there); and
(b)
with the consent of the Commissioners of Revenue and Customs or an
authorised officer of the Commissioners of Revenue and
Customs.
(5) For the purposes of this section any consent or
authorisation may be general or
specific.
(6) If a person in
the United Kingdom discloses, in contravention of subsection (4), any
revenue and customs information relating to a person whose
identity—
(a) is
specified in the disclosure;
or
(b) can be deduced from
it;
section 19 of the 2005 Act
(wrongful disclosure) applies in relation to that disclosure as it
applies in relation to a disclosure of such information in
contravention of section 20(9) of that
Act.
(7) Any reference in this
section to a disclosure to the CAB or a specified public authority is a
reference to a disclosure to such person, or to persons of such
description, as may be specified in relation to the CAB or the public
authority (as the case may
be).
(8) Nothing in this
section authorises any disclosure of information
which—
(a) contravenes
the Data Protection Act 1998 (c. 29);
or
(b) is prohibited by Part 1
of the Regulation of Investigatory Powers Act 2000
(c. 23).
(9) In this
section—
“the
2005 Act” means the Commissioners for Revenue and Customs Act
2005
(c. 11);
“assets”
means property of any description, wherever
situated;
“civil
proceedings” means civil proceedings of whatever nature and
whether brought in the United Kingdom or
elsewhere;
“Commissioners
of Revenue and Customs” means the Commissioners for Her
Majesty’s Revenue and
Customs;
“enforcement
purposes”, in relation to the proceeds of crime, means with a
view
to—
(a)
recovering, forfeiting or freezing assets constituting proceeds of
crime;
or
(b)
otherwise depriving persons (to any extent) of, or of access to, such
assets or the benefit of such
assets;
“functions”
includes powers, duties and objectives, and references to the exercise
of functions include the pursuit of
objectives;
“proceeds of
crime” means assets derived, or suspected to be derived,
directly or indirectly from criminal conduct (wherever
occurring);
“public
authority” means any body or person discharging functions of a
public nature;
“revenue
and customs information relating to a person” has the meaning
given by section 19(2) of the 2005
Act;
“specified”
means specified in an order made by the Treasury;
and
“the specifying
order”, in relation to a specified public authority, means the
order specifying the authority for the purposes of this
section.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
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