Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 1 — Data controllers’ registration
174

13
In section 357 (disclosure orders)—
(a)
after subsection (3)(b) add “, or
(c)
a person specified in the application is subject to an
exploitation proceeds investigation and the order is
sought for the purposes of the investigation.”, and
5
(b)
after subsection (7)(b) add “; and
(c)
in relation to an exploitation proceeds investigation, a
member of SOCA’s staff.”
14
In section 358(2) (requirements for making of disclosure order) after
paragraph (b) add—
10
“(c)
in the case of an exploitation proceeds investigation, the
person specified in the application for the order is a person
within section 346(2A).”
15
In section 362(5) (supplementary) after “investigation” add “or an
exploitation proceeds investigation”.
15
16
In section 363(2) (customer information orders), in paragraph (a) after
“investigation”, in first place it occurs, insert “, an exploitation proceeds
investigation”.
17
In section 370(2) (account monitoring orders), in paragraph (a) after
“confiscation investigation” insert “, an exploitation proceeds investigation”.
20
18
After section 378(6) (officers) insert—
“(6A)
In relation to an exploitation proceeds investigation, a member of
SOCA’s staff is an appropriate officer.”
Schedule 18
Section 154

Amendments of the Data Protection Act 1998 (c. 29)
25
Part 1
Data controllers’ registration
1
In section 16 of the Data Protection Act 1998 (meaning of “the registrable
particulars” etc), in subsection (1)—
(a)
omit “and” at the end of paragraph (ff), and
30
(b)
after paragraph (g) insert “, and
(h)
such information about the data controller as may be
prescribed under section 18(5A).”
2
In section 18 of that Act (notification by data controllers), after subsection (5)
insert—
35
“(5A)
Notification regulations may prescribe the information about the
data controller which is required for the purpose of verifying the fee
payable under subsection (5).”

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 3 — Powers to require information
175

3
In section 19 of that Act (register of notifications), after subsection (7) add—
“(8)
Nothing in subsection (6) or (7) applies to information which is
included in an entry in the register only by reason of it falling within
section 16(1)(h).”
Part 2
5
Assessment Notices
4     (1)
Section 48 of that Act (rights of appeal) is amended as follows.
      (2)
In subsection (1) after “enforcement notice” insert “, an assessment notice”.
      (3)
In subsection (3)—
(a)
after “enforcement notice” insert “, an assessment notice”, and
10
(b)
after “40(8)” insert “, 41A(8)”.
5
In section 70(1) of that Act (supplementary definitions) for the definition of
“government department” substitute—
““government department” (except in Part 5A) includes—
(a)
any part of the Scottish Administration;
15
(b)
a Northern Ireland department;
(c)
the Welsh Assembly Government;
(d)
any body or authority exercising statutory functions
on behalf of the Crown.”
Part 3
20
Powers to require information
6     (1)
Section 43 of that Act (information notices) is amended as follows.
      (2)
In subsection (1) for “, within” to the end substitute “to furnish the
Commissioner with specified information relating to the request or to
compliance with the principles.”
25
      (3)
After that subsection insert—
“(1A)
In subsection (1) “specified information” means information—
(a)
specified, or described, in the information notice, or
(b)
falling within a category which is specified, or described, in
the information notice.
30
(1B)
The Commissioner may also specify in the information notice—
(a)
the form in which the information must be furnished;
(b)
the period within which, or the time and place at which, the
information must be furnished.”
      (4)
In subsection (4) for “the time” to “expire” substitute “a period specified in
35
an information notice under subsection (1B)(b) must not end, and a time so
specified must not fall,”.
7     (1)
Section 44 of that Act (special information notices) is amended as follows.

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 4 — Restriction on use of information
176

      (2)
in subsection (1) for “, within” to the end substitute “to furnish the
Commissioner with specified information for the purpose specified in
subsection (2).”
      (3)
After subsection (1) insert—
“(1A)
In subsection (1) “specified information” means information—
5
(a)
specified, or described, in the special information notice, or
(b)
falling within a category which is specified, or described, in
the special information notice.
(1B)
The Commissioner may also specify in the special information
notice—
10
(a)
the form in which the information must be furnished;
(b)
the period within which, or the time and place at which, the
information must be furnished.”
      (4)
In subsection (5) for “the time” to “expire” substitute “a period specified in a
special information notice under subsection (1B)(b) must not end, and a time
15
so specified must not fall,”.
Part 4
Restriction on use of information
8     (1)
Section 43 of that Act (information notices) is amended as follows.
      (2)
In subsection (8), for “other than an offence under this Act,” substitute “,
20
other than an offence under this Act or an offence within subsection (8A),”.
      (3)
After that subsection insert—
“(8A)
The offences mentioned in subsection (8) are—
(a)
an offence under section 5 of the Perjury Act 1911 (false
statements made otherwise than on oath),
25
(b)
an offence under section 44(2) of the Criminal Law
(Consolidation) (Scotland) Act 1995 (false statements made
otherwise than on oath), or
(c)
an offence under Article 10 of the Perjury (Northern Ireland)
Order 1979 (false statutory declarations and other false
30
unsworn statements).
(8B)
Any relevant statement provided by a person in response to a
requirement under this section may not be used in evidence against
that person on a prosecution for any offence under this Act (other
than an offence under section 47) unless in the proceedings—
35
(a)
in giving evidence the person provides information
inconsistent with it, and
(b)
evidence relating to it is adduced, or a question relating to it
is asked, by that person or on that person’s behalf.
(8C)
In subsection (8B) “relevant statement”, in relation to a requirement
40
under this section, means—
(a)
an oral statement, or
(b)
a written statement made for the purposes of the
requirement.”

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 5 — Monetary penalties: restriction on matters to be taken into account
177

9     (1)
Section 44 of that Act (special information notices) is amended as follows.
      (2)
In subsection (9), for “other than an offence under this Act,” substitute “,
other than an offence under this Act or an offence within subsection (9A),”.
      (3)
After subsection (9) of that section insert—
“(9A)
The offences mentioned in subsection (9) are—
5
(a)
an offence under section 5 of the Perjury Act 1911 (false
statements made otherwise than on oath),
(b)
an offence under section 44(2) of the Criminal Law
(Consolidation) (Scotland) Act 1995 (false statements made
otherwise than on oath), or
10
(c)
an offence under Article 10 of the Perjury (Northern Ireland)
Order 1979 (false statutory declarations and other false
unsworn statements).
(9B)
Any relevant statement provided by a person in response to a
requirement under this section may not be used in evidence against
15
that person on a prosecution for any offence under this Act (other
than an offence under section 47) unless in the proceedings—
(a)
in giving evidence the person provides information
inconsistent with it, and
(b)
evidence relating to it is adduced, or a question relating to it
20
is asked, by that person or on that person’s behalf.
(9C)
In subsection (9B) “relevant statement”, in relation to a requirement
under this section, means—
(a)
an oral statement, or
(b)
a written statement made for the purposes of the
25
requirement.”
10    (1)
Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self
incrimination) is amended as follows.
      (2)
In sub-paragraph (1), for “other than an offence under this Act,” substitute “,
other than an offence under this Act or an offence within sub-paragraph
30
(1A),”.
      (3)
After that sub-paragraph insert—
   “(1A)
The offences mentioned in sub-paragraph (1) are—
(a)
an offence under section 5 of the Perjury Act 1911 (false
statements made otherwise than on oath),
35
(b)
an offence under section 44(2) of the Criminal Law
(Consolidation) (Scotland) Act 1995 (false statements made
otherwise than on oath), or
(c)
an offence under Article 10 of the Perjury (Northern
Ireland) Order 1979 (false statutory declarations and other
40
false unsworn statements).”
Part 5
Monetary penalties: restriction on matters to be taken into account
11
In section 55A of that Act (power of Commissioner to impose monetary

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 6 — Warrant for entry and inspection
178

penalties), after subsection (3) insert—
“(3A)
The Commissioner may not be satisfied as mentioned in subsection
(1) by virtue of any matter which comes to the Commissioner’s
attention as a result of anything done in pursuance of—
(a)
an assessment notice;
5
(b)
an assessment under section 51(7).”
Part 6
Warrant for entry and inspection
12    (1)
Schedule 9 to the Data Protection Act 1998 (c. 29) (powers of entry and
inspection) is amended as follows.
10
      (2)
In paragraph 1(3) for the words from “to enter” to the end substitute “—
(a)
to enter the premises;
(b)
to search the premises;
(c)
to inspect, examine, operate and test any equipment found
on the premises which is used or intended to be used for
15
the processing of personal data;
(d)
to inspect and seize any documents or other material
found on the premises which may be such evidence as is
mentioned in sub-paragraph (1);
(e)
to require any person on the premises to provide an
20
explanation of any document or other material found on
the premises;
(f)
to require any person on the premises to provide such
other information as may reasonably be required for the
purpose of determining whether the data controller has
25
contravened, or is contravening, the data protection
principles.”
      (3)
In paragraph 12, at the end of paragraph (b) insert—
“(c)
makes a statement in response to a requirement under
paragraph (e) or (f) of paragraph 1(3) which that person
30
knows to be false in a material respect, or
(d)
recklessly makes a statement in response to such a
requirement which is false in a material respect,”.
      (4)
After paragraph 15 add—
“Self-incrimination
35
16
An explanation given, or information provided, by a person in
response to a requirement under paragraph (e) or (f) of paragraph
1(3) may only be used in evidence against that person—
(a)
on a prosecution for an offence under—
(i)
paragraph 12,
40
(ii)
section 5 of the Perjury Act 1911 (false statements
made otherwise than on oath),
(iii)
section 44(2) of the Criminal Law (Consolidation)
(Scotland) Act 1995 (false statements made
otherwise than on oath), or
45

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
179

(iv)
Article 10 of the Perjury (Northern Ireland) Order
1979 (false statutory declarations and other false
unsworn statements), or
(b)
on a prosecution for any other offence where—
(i)
in giving evidence that person makes a statement
5
inconsistent with that explanation or information,
and
(ii)
evidence relating to that explanation or
information is adduced, or a question relating to it
is asked, by or on behalf of that person.”
10
Schedule 19
Section 156

Minor and consequential amendments
Part 1
Coroners etc
Cremation Act 1902 (c. 8)
15
1
In section 10 of the Cremation Act 1902 (saving for coroners), for “the
Coroners Act 1988” substitute “Part 1 of the Coroners and Justice Act 2009”.
Births and Deaths Registration Act 1926 (c. 48)
2
The Births and Deaths Registration Act 1926 is amended as follows.
3
In section 4 (prohibition of removal of body out of England without notice),
20
for “the coroner within whose jurisdiction the body is lying” substitute “the
senior coroner in whose area the body is situated,”.
4
In section 5 (burial of still-born children), for the words after “delivered to
him” substitute “either—
(a)
a certificate given by the registrar under section 11(2) or (3) of
25
the Births and Deaths Registration Act 1953, or
(b)
in a case in relation to which a senior coroner has made
enquiries under section 1(7) of the Coroners and Justice Act
2009 (or has purported to conduct an investigation under
Part 1 of that Act), an order of the coroner.”
30
Visiting Forces Act 1952 (c. 67)
5     (1)
Section 7 of the Visiting Forces Act 1952 (provisions as to coroners’ inquests
etc) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
Subsections (1A) and (1B) of this section apply if a coroner who has
35
jurisdiction to conduct an investigation under Part 1 of the Coroners
and Justice Act 2009 into a person’s death is satisfied that the
deceased person, at the time of the death, had a relevant association
with a visiting force.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
180

(1A)
If no investigation into the person’s death has begun, the coroner
shall not begin an investigation unless directed to do so by the Lord
Chancellor.
(1B)
If an investigation into the person’s death has begun but has not been
completed, the coroner shall suspend the investigation unless
5
directed not to do so by the Lord Chancellor.”
      (3)
In subsection (2)—
(a)
for the words from “the last” to “a death” substitute “subsections (1)
to (1B) of this section, if in the course of an investigation under Part
1 of the Coroners and Justice Act 2009 into a person’s death”;
10
(b)
for “Secretary of State” substitute “Lord Chancellor”;
(c)
for the words from “adjourn the inquest” to “discharge the jury,”
substitute “suspend the investigation”;
(d)
for “at the inquest” substitute “in the course of the investigation”.
      (4)
After subsection (2) insert—
15
“(2A)
A coroner who suspends an investigation under this section shall—
(a)
adjourn any inquest being held as part of the investigation,
and
(b)
discharge any jury that has been summoned.
(2B)
The suspension of an investigation under this section does not
20
prevent its suspension under Schedule 1 to the Coroners and Justice
Act 2009; and vice versa.”
      (5)
For subsection (3) substitute—
“(3)
Where an investigation is suspended under this section, the coroner
shall not resume it except on the direction of the Lord Chancellor.
25
(3A)
Where the investigation is resumed, the coroner must resume any
inquest that was adjourned under subsection (2A).
(3B)
A resumed inquest may be held with a jury if the coroner thinks that
there is sufficient reason for it to be held with one.”
      (6)
In subsection (4), for the words from “the Secretary of State” to “to be held”
30
substitute “the Lord Chancellor under subsection (1A) or (3) of this section,
an investigation is required to be conducted”.
      (7)
In subsection (5), for “section two of the said Act of 1926” substitute “section
24 of the Births and Deaths Registration Act 1953”.
      (8)
For subsection (7) substitute—
35
“(7)
In the application of this section to Northern Ireland—
(a)
in subsection (1), for “a coroner who has jurisdiction to
conduct an investigation under Part 1 of the Coroners and
Justice Act 2009 into a person’s death” there is substituted “a
coroner who has jurisdiction under the Coroners Act
40
(Northern Ireland) 1959 to hold an inquest into a person’s
death”;
(b)
in subsection (1A), for “no investigation” there is substituted
“no inquest” and for “an investigation” there is substituted
“an inquest”;
45