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Public Bill Committee: 20th November 2007                

420

 

Criminal Justice and Immigration Bill, continued

 
 

Person having property etc. in England and Wales and Northern Ireland

 

5    (1)  

This paragraph applies if—

 

(a)    

the certificate states that the person required to pay the penalty has

 

property or a source of income in England and Wales,

 

(b)    

the certificate also states that the person has property or a source of

 

income in Northern Ireland, and

 

(c)    

the certificate does not state —

 

(i)    

that the person has property or a source of income in Scotland,

 

or

 

(ii)    

that the person is normally resident in the United Kingdom.

 

      (2)  

The financial penalty is suitable for enforcement in England and Wales unless

 

it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph

 

(3).

 

      (3)  

The financial penalty is suitable for enforcement in Northern Ireland if the

 

Lord Chancellor thinks that it is more appropriate for the penalty to be

 

enforced in Northern Ireland than in England and Wales.

 

Person having property etc. in England and Wales and Scotland

 

6    (1)  

This paragraph applies if—

 

(a)    

the certificate states that the person required to pay the penalty has

 

property or a source of income in England and Wales,

 

(b)    

the certificate also states that the person has property or a source of

 

income in Scotland, and

 

(c)    

the certificate does not state —

 

(i)    

that the person has property or a source of income in Northern

 

Ireland, or

 

(ii)    

that the person is normally resident in the United Kingdom.

 

      (2)  

The financial penalty is suitable for enforcement in England and Wales unless

 

sub-paragraph (3) applies.

 

      (3)  

This sub-paragraph applies if—

 

(a)    

the Lord Chancellor was given the certificate by the competent

 

authority or central authority of another member State (and not by the

 

central authority for Scotland), and

 

(b)    

the Lord Chancellor thinks that it is more appropriate for the financial

 

penalty to be enforced in Scotland than in England and Wales.

 

Person having property etc. in Northern Ireland and Scotland

 

7    (1)  

This paragraph applies if—

 

(a)    

the certificate states that the person required to pay the penalty has

 

property or a source of income in Northern Ireland,

 

(b)    

the certificate also states that the person has property or a source of

 

income in Scotland, and

 

(c)    

the certificate does not state —

 

(i)    

that the person has property or a source of income in England

 

and Wales, or

 

(ii)    

that the person is normally resident in the United Kingdom.

 

      (2)  

The financial penalty is suitable for enforcement in Northern Ireland unless

 

sub-paragraph (3) applies.

 

      (3)  

This sub-paragraph applies if—


 
 

Public Bill Committee: 20th November 2007                

421

 

Criminal Justice and Immigration Bill, continued

 
 

(a)    

the Lord Chancellor was given the certificate by the competent

 

authority or central authority of another member State (and not by the

 

central authority for Scotland), and

 

(b)    

the Lord Chancellor thinks that it is more appropriate for the financial

 

penalty to be enforced in Scotland than in Northern Ireland.

 

Person having property etc. in England and Wales, Scotland and Northern Ireland

 

8    (1)  

This paragraph applies if—

 

(a)    

the certificate states that the person required to pay the penalty has

 

property or a source of income in Northern Ireland,

 

(b)    

the certificate also states that the person has property or a source of

 

income in England and Wales and in Scotland, and

 

(c)    

the certificate does not state that the person is normally resident in the

 

United Kingdom.

 

      (2)  

The financial penalty is suitable for enforcement in England and Wales

 

unless—

 

(a)    

the penalty is suitable for enforcement in Northern Ireland by virtue of

 

sub-paragraph (3) or (4), or

 

(b)    

sub-paragraph (5) applies.

 

      (3)  

The financial penalty is suitable for enforcement in Northern Ireland if—

 

(a)    

the Lord Chancellor was given the certificate by the competent

 

authority or central authority of another member State (and not by the

 

central authority for Scotland),

 

(b)    

the Lord Chancellor thinks that it is more appropriate for the financial

 

penalty to be enforced in Northern Ireland than in England and Wales

 

or Scotland.

 

      (4)  

The financial penalty is suitable for enforcement in Northern Ireland if—

 

(a)    

the Lord Chancellor was given the certificate by the central authority

 

for Scotland, and

 

(b)    

the Lord Chancellor thinks that it is more appropriate for the financial

 

penalty to be enforced in Northern Ireland than in England and Wales.

 

      (5)  

The sub-paragraph applies if—

 

(a)    

the Lord Chancellor was given the certificate by the competent

 

authority or central authority of another member State (and not by the

 

central authority for Scotland), and

 

(b)    

the Lord Chancellor thinks that it is more appropriate for the financial

 

penalty to be enforced in Scotland than in England and Wales or

 

Northern Ireland.

 

Interpretation

 

9          

Where the person is a body corporate, this Schedule applies as if—

 

(a)    

the reference in paragraph 1 to the person being normally resident in

 

England and Wales were a reference to the person having its registered

 

office in England and Wales,

 

(b)    

the reference in paragraph 2 to the person being normally resident in

 

Northern Ireland were a reference to the person having its registered

 

office in Northern Ireland, and


 
 

Public Bill Committee: 20th November 2007                

422

 

Criminal Justice and Immigration Bill, continued

 
 

(c)    

any reference to the person being normally resident in the United

 

Kingdom were a reference to the person having its registered office in

 

the United Kingdom.’.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

200

 

Title,  line  8,  after ‘criminality;’, insert ‘to amend the Extradition Act 2003;’.

 

 

orders of the house [8th and 11th OCTOBER] 2007

 

That the following provisions shall apply to the Criminal Justice and Immigration Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 29th November 2007.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

orders of the committee [16th and 18th October 2007]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

16th October) meet—

 

(a)  

at 4.00 p.m. on Tuesday 16th October;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 18th October;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 23rd October;

 

(d)  

at 9.00 a.m. and 1.00 p.m. on Thursday 25th October;


 
 

Public Bill Committee: 20th November 2007                

423

 

Criminal Justice and Immigration Bill, continued

 
 

(e)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 20th November;

 

(f)  

at 9.00 a.m. and 1.00 p.m. on Thursday 22nd November;

 

(g)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 27th November;

 

(h)  

at 9.00 a.m. and 1.00 p.m. on Thursday 29th November;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 16th October

Until no later than 1.00 p.m.

Ministry of Justice; Home Office

 
 

Tuesday 16th October

Until no later than 5.15 p.m.

Magistrates’ Association;

 
   

Probation Boards’ Association

 
 

Tuesday 16th October

Until no later than 6.15 p.m.

Police Federation of England and

 
   

Wales

 
 

Tuesday 16th October

Until no later than 7.00 p.m.

Stonewall

 
 

Thursday 18th October

Until no later than 10.25 a.m.

Youth Justice Board;

 
   

Children’s Society

 
 

Thursday 18th October

Until no later than 1.40 p.m.

Prison and Probation Ombudsman

 
 

Thursday 18th October

Until no later than 2.40 p.m.

Liberty

 
 

Thursday 18th October

Until no later than 3.45 p.m.

Local Government Association

 
 

Thursday 18th October

Until no later than 4.30 p.m.

Evangelical Alliance

 
 

(3)  

the proceedings on consideration of the Bill in Committee shall be taken in

 

the following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3;

 

Schedule 3; Clauses 4 to 6; Schedule 4; Clauses 7 to 23; Schedule 5; Clauses

 

24 to 29; Schedule 6; Clause 30; Schedule 7; Clauses 31 to 35; Schedule 8;

 

Clauses 36 to 48; Schedule 9; Clauses 49 and 50; Schedule 10; Clauses 51 to

 

53; Schedule 11; Clause 54; Schedule 12; Clauses 55 and 56; Schedule 13;

 

Clauses 57 to 72; Schedule 14; Clauses 73 and 74; Schedule 15; Clauses 75

 

to 80; Schedule 16; Clauses 81 to 103; Schedule 17; Clauses 104 to 107;

 

Schedule 18; Clauses 108 to 111; Schedule 19; Clause 112; Schedule 20;

 

Clauses 113 to 124; Schedules 21 and 22; Clause 125; Schedule 23; Clauses

 

126 to 129; new Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 p.m. on Thursday 29th November.

 


 
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