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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [22nd April 2008]. |
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| | Clause 1, page 1, leave out lines 6 to 11. |
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| | Clause 1, page 2, line 8, leave out subsection (2) and insert— |
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| | | ‘(2) | Where a constable who carries out a search to which this section applies finds a |
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| | | document that he has reasonable grounds for believing is one that may be seized, |
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| | | he may remove the document to another place for the purpose of ascertaining |
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| | | whether the document is one that may be seized and retain it there until the |
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| | | examination is completed.’. |
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| | Clause 1, page 2, line 8, after ‘may’, insert ‘, if he has reasonable grounds for |
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| | believing that a document may be seized, and’. |
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| | Clause 1, page 2, line 11, after ‘completed’, insert ‘subject to a maximum of three |
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| | Clause 1, page 2, line 19, leave out subsection (4). |
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| | Clause 2, page 2, line 27, leave out ‘51 weeks’ and insert ‘three years’. |
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| | Clause 2, page 2, line 29, leave out ‘twelve months’ and insert ‘three years’. |
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| | Clause 2, page 2, line 31, leave out ‘six months’ and insert ‘three years’. |
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| | Clause 3, page 2, line 44, at end insert— |
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| | | ‘(2A) | Under subsection (2), it is not reasonably practicable, for the item subject to legal |
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| | | privilege to be separated from the rest of the document if, and only if, it is not |
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| | | reasonably practicable because of— |
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| | | (a) | the time required to determine whether an item should be seized or to |
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| | | (b) | the number of persons required to carry out that determination or |
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| | | (c) | the apparatus or equipment that would be necessary or appropriate to use |
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| | | for carrying out that determination or separation.’. |
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| | Clause 3, page 3, line 12, at end insert— |
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| | | ‘( ) | Where an item subject to legal privilege is removed under subsection (2) or |
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| | | retained under subsection (4) its examination must take place in circumstances |
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| | | where its contents are not revealed to any person other than that examining the |
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| | | item for the purposes of separating such part of the document that is not subject |
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| | | to legal privilege from such part that is so subject.’. |
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| | Page 2, line 36, leave out Clause 3. |
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| | Clause 4, page 3, line 23, leave out from ‘removal’ to end and insert ‘within 24 |
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| | Clause 4, page 3, line 41, leave out subsection (3) and insert— |
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| | | ‘( ) | If, in a case where the document was found in the course of a search of a person, |
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| | | the constable does not know the person’s name, the record must include a |
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| | | description of the person. |
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| | | ( ) | If, in a case where the document was found in the course of a search of any |
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| | | premises, the constable does not know the name of a person mentioned in |
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| | | subsection (2)(e) but is able to provide a description of that person, the record |
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| | | must include such a description.’. |
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| | Clause 4, page 4, line 11, at end add ‘and in any event within six hours’. |
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| | Clause 5, page 4, line 22, at end insert ‘, provided that he has satisfied himself that |
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| | the provisions of sections 1 to 5 have been properly met.’. |
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| | Clause 6, page 5, line 2, leave out paragraph (b). |
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| | Clause 6, page 5, line 5, leave out paragraph (d). |
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| | Clause 6, page 5, line 5, at end insert— |
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| | | ‘( ) | An appeal against any refusal of access to a document may be made to a judge of |
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| | Clause 10, page 6, line 29, after ‘constable’, insert ‘with the authority of an officer |
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| | of a rank no lower than inspector’. |
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| | Clause 10, page 6, line 40, after ‘constable’, insert ‘with the authority of an officer |
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| | of a rank no lower than inspector’. |
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| | Clause 10, page 7, line 5, leave out subsection (4). |
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| | Clause 10, page 7, leave out lines 7 to 10 and insert— |
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| | | ‘“(1AA) | Where fingerprints or samples are taken from a person who is subject to a |
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| | | control order the fingerprints or samples shall be destroyed no later than six |
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| | | months after the date when such control orders shall cease to have effect.”’. |
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| | Clause 12, page 9, line 2, after ‘constable’, insert ‘with the authority of an officer of |
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| | a rank no lower than inspector’. |
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| | Clause 12, page 9, line 13, after ‘constable’, insert ‘with the authority of an officer |
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| | of a rank no lower than inspector’. |
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| | Clause 12, page 9, line 19, leave out subsection (5). |
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| | Clause 12, page 9, leave out lines 21 to 24 and insert— |
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| | | ‘“(1AA) | Where fingerprints or samples are taken from a person who is subject to a |
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| | | control order the fingerprints or samples shall be destroyed no later than six |
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| | | months after the date when such a control order shall cease to have effect.”’. |
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| | Clause 14, page 10, line 8, leave out ‘or samples’. |
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| | Clause 14, page 10, line 37, leave out paragraph (a). |
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| | Clause 14, page 10, line 37, leave out ‘national security’ and insert ‘preventing an |
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| | offence with a terrorist connection’. |
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| | Clause 15, page 11, line 7, leave out ‘or samples’. |
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| | Clause 15, page 11, line 36, leave out paragraph (a). |
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| | Clause 15, page 11, line 36, leave out ‘national security’ and insert ‘preventing an |
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| | offence with a terrorist connection’. |
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| | Clause 17, page 12, line 29, leave out from beginning to ‘or’. |
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| | Clause 18, page 13, line 13, leave out paragraph (a). |
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| | Clause 18, page 13, line 13, leave out ‘national security’ and insert ‘preventing an |
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| | offence with a terrorist connection’. |
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| | Clause 18, page 32, line 27, leave out paragraph (c). |
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| | Clause 18, page 13, line 32, leave out ‘or disclosing it to any person’. |
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| | Clause 18, page 13, line 32, leave out ‘person’ and insert ‘law enforcement |
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| | Clause 19, page 14, line 36, leave out subsection (1). |
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| | Clause 19, page 14, line 43, leave out paragraph (a) and insert— |
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| | | ‘(a) | in the interests of national security,’. |
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| | Clause 19, page 15, line 3, leave out paragraph (a). |
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| | Clause 19, page 15, line 9, leave out paragraph (a) and insert— |
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| | | ‘(a) | in the interests of national security,’. |
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| | Clause 19, page 15, line 17, at end add— |
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| | | ‘(8) | Nothing in this section shall require a person to disclose information to any of the |
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| | | intelligence services for any purpose.’. |
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| | Clause 20, page 15, line 33, leave out subsection (4). |
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| | Clause 20, page 15, line 35, at end insert— |
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