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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

 
 

 
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