Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 7 — Criminal memoirs etc
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146
Additional proceeds reporting orders
(1)
A court making an exploitation proceeds order may also make an additional
proceeds reporting order in respect of the respondent.
(2)
But it may do so only if it is satisfied that the likelihood of the respondent
obtaining further exploitation proceeds from a relevant offence is sufficiently
5
high to justify the making of an additional proceeds reporting order.
(3)
An additional proceeds reporting order—
(a)
comes into force when it is made, and
(b)
has effect for the period specified in the order, beginning with the date
on which it is made.
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(4)
The period specified under subsection (3) must not exceed 20 years.
(5)
Sections 79, 80(1) and (2) and 81 of the Serious Organised Crime and Police Act
2005 (c. 15) apply in relation to an additional proceeds reporting order under
this section as they apply in relation to a financial reporting order under section
76, 77 or 78 of that Act.
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(6)
The person to whom reports are made under an additional proceeds reporting
order may disclose a report to an enforcement authority for the purposes of—
(a)
an exploitation proceeds investigation (within the meaning of section
341(5) of the Proceeds of Crime Act 2002 (c. 29)), or
(b)
the making or pursuing of an application for, or the enforcement of, an
20
exploitation proceeds order or an additional proceeds reporting order.
Investigations
147
Exploitation proceeds investigations
Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended in
accordance with Schedule 17.
25
148
Functions of Serious Organised Crime Agency
(1)
In section 2A of the Serious Organised Crime and Police Act 2005 (functions of
SOCA as to the recovery of assets), the reference to the Proceeds of Crime Act
2002 is a reference to that Act as amended by section 147 of and Schedule 17 to
the Coroners and Justice Act 2009 (investigation powers of SOCA in relation to
30
exploitation proceeds orders).
(2)
In section 3 of the Serious Organised Crime and Police Act 2005 (functions of
SOCA as to information relating to crime)—
(a)
at the end of subsection (1) add “; or
(c)
exploitation proceeds investigations (within the
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meaning of section 341(5) of the Proceeds of Crime Act
2002) or exploitation proceeds orders within the
meaning of Part 7 of the Coroners and Justice Act 2009
(or applications for such orders).”, and
(b)
in subsection (2)(d) for “(1)(a) or (b)” substitute “(1)(a), (b) or (c)”.
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Part 7 — Criminal memoirs etc
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Limitation
149
Limitation
(1)
After section 27B of the Limitation Act 1980 (c. 58) insert—
“27C
Actions for exploitation proceeds orders
(1)
None of the time limits given in the preceding provisions of this Act
5
applies to proceedings under Part 7 of the Coroners and Justice Act
2009 (criminal memoirs etc) for an exploitation proceeds order.
(2)
Proceedings under that Part for such an order are not to be brought
after the expiration of 6 years from the date on which the enforcement
authority’s cause of action accrued.
10
(3)
Proceedings under that Part for such an order are brought when an
application is made for the order.
(4)
Where exploitation proceeds have been obtained by a person from a
relevant offence, an enforcement authority’s cause of action under that
Part in respect of those proceeds accrues when the enforcement
15
authority has actual knowledge that the proceeds have been obtained.
(5)
Expressions used in this section and that Part have the same meaning
in this section as in that Part.”
(2)
After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/
1339 (N.I. 11)) insert—
20
“72C
Actions for exploitation proceeds orders
(1)
None of the time limits given in the preceding provisions of this Order
applies to proceedings under Part 7 of the Coroners and Justice Act
2009 (criminal memoirs etc) for an exploitation proceeds order.
(2)
Proceedings under that Part for such an order are not to be brought
25
after the expiration of 6 years from the date on which the enforcement
authority’s cause of action accrued.
(3)
Proceedings under that Part for such an order are brought when an
application is made for the order.
(4)
Where exploitation proceeds have been obtained by a person from a
30
relevant offence, an enforcement authority’s cause of action under that
Part in respect of those proceeds accrues when the enforcement
authority has actual knowledge that the proceeds have been obtained.
(5)
Expressions used in this Article and that Part have the same meaning
in this Article as in that Part.”
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(3)
After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52)
insert—
“19D
Actions for exploitation proceeds orders
(1)
None of the time limits given in the preceding provisions of this Act
applies to proceedings under Part 7 of the Coroners and Justice Act
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2009 (criminal memoirs etc) for an exploitation proceeds order.

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Part 8 — Data Protection Act 1998 (c. 29)
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(2)
Proceedings under that Part for such an order are not to be brought
after the expiration of 5 years from the date on which the enforcement
authority’s right of action accrued.
(3)
Proceedings under that Part for such an order are brought when an
application is made for the order.
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(4)
Where exploitation proceeds have been obtained by a person from a
relevant offence, an enforcement authority’s right of action under that
Part in respect of those proceeds accrues when the enforcement
authority has actual knowledge that the proceeds have been obtained.
(5)
Expressions used in this section and that Part have the same meaning
10
in this section as in that Part.”
Interpretation
150
Interpretation of this Part
In this Part—
“benefit” means a direct or indirect benefit of any nature (pecuniary or
15
non-pecuniary);
“enactment” includes an enactment contained in, or an instrument made
under, Northern Ireland legislation;
“enforcement authority” has the meaning given by section 139(2);
“material” means any information, opinion, image or other thing;
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“qualifying offender” has the meaning given by section 134;
“recoverable amount” has the meaning given by section 133;
“relevant offence” has the meaning given by section 137;
“the respondent” has the meaning given by section 133;
“UK service court” means—
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(a)
a court-martial constituted under the Army Act 1955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or
the Naval Discipline Act 1957 (c. 53) or the Court Martial
established by the Armed Forces Act 2006 (c. 52);
(b)
a Standing Civilian Court established under the Armed Forces
30
Act 1976 (c. 52) or the Service Civilian Court established by the
Armed Forces Act 2006;
(c)
the Courts-Martial Appeal Court or the Court Martial Appeal
Court.
Part 8
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Data Protection Act 1998 (c. 29)
151
Assessment notices
After section 41 of the Data Protection Act 1998 (c. 29) insert—
“41A
Assessment notices
(1)
The Commissioner may serve a data controller within subsection (2)
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with a notice (in this Act referred to as an “assessment notice”) for the
purpose of enabling the Commissioner to determine whether the data

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controller has complied or is complying with the data protection
principles.
(2)
A data controller is within this subsection if the data controller is—
(a)
a government department, or
(b)
a public authority designated for the purposes of this section by
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an order made by the Secretary of State,

other than an excluded body.
(3)
An assessment notice is a notice which requires the data controller to
do all or any of the following—
(a)
permit the Commissioner to enter any specified premises;
10
(b)
direct the Commissioner to any documents on the premises that
are of a specified description;
(c)
assist the Commissioner to view any information of a specified
description that is capable of being viewed using equipment on
the premises;
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(d)
comply with any request from the Commissioner for—
(i)
a copy of any of the documents to which the
Commissioner is directed;
(ii)
a copy (in such form as may be requested) of any of the
information which the Commissioner is assisted to
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view;
(e)
direct the Commissioner to any equipment or other material on
the premises which is of a specified description;
(f)
permit the Commissioner to inspect or examine any of the
documents, information, equipment or material to which the
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Commissioner is directed or which the Commissioner is
assisted to view;
(g)
permit the Commissioner to observe the processing of any
personal data that takes place on the premises;
(h)
make available for interview by the Commissioner a specified
30
number of persons of a specified description who process
personal data on behalf of the data controller (or such number
as are willing to be interviewed).
(4)
In subsection (3) references to the Commissioner include references to
the Commissioner’s officers and staff.
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(5)
An assessment notice must, in relation to each requirement imposed by
the notice, specify—
(a)
the time at which the requirement is to be complied with, or
(b)
the period during which the requirement is to be complied
with.
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(6)
An assessment notice must also contain particulars of the rights of
appeal conferred by section 48.
(7)
A time specified under subsection (5) in relation to a requirement must
not fall, and a period so specified must not begin, before the end of the
period within which an appeal can be brought against the assessment
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notice, and if such an appeal is brought the requirement need not be
complied with pending the determination or withdrawal of the appeal.

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(8)
If by reason of special circumstances the Commissioner considers that
it is necessary for the data controller to comply with a requirement in
an assessment notice as a matter of urgency, the Commissioner may
include in the notice a statement to that effect and a statement of the
reasons for that conclusion; and in that event subsection (7) applies in
5
relation to the requirement as if for the words from “within” to the end
there were substituted “of 7 days beginning with the day on which the
assessment notice is served”.
(9)
A requirement imposed by an assessment notice does not have effect in
so far as compliance with it would result in the disclosure of—
10
(a)
any communication between a professional legal adviser and
the adviser’s client in connection with the giving of legal advice
with respect to the client’s obligations, liabilities or rights under
this Act, or
(b)
any communication between a professional legal adviser and
15
the adviser’s client, or between such an adviser or the adviser’s
client and any other person, made in connection with or in
contemplation of proceedings under or arising out of this Act
(including proceedings before the Tribunal) and for the
purposes of such proceedings.
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(10)
In subsection (9) references to the client of a professional legal adviser
include references to any person representing such a client.
(11)
The Commissioner may cancel an assessment notice by written notice
to the data controller on whom it was served.
(12)
In this section—
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“excluded body” means—
(a)
a body specified in section 23(3) of the Freedom of
Information Act 2000 (bodies dealing with security
matters);
(b)
the Office for Standards in Education, Children’s
30
Services and Skills in so far as it is a data controller in
respect of information processed for the purposes of
functions exercisable by Her Majesty’s Chief Inspector
of Education, Children’s Services and Skills by virtue of
section 5(1)(a) of the Care Standards Act 2000;
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“public authority” includes any body, office-holder or other
person in respect of which—
(a)
an order may be made under section 4 or 5 of the
Freedom of Information Act 2000, or
(b)
an order may be made under section 4 or 5 of the
40
Freedom of Information (Scotland) Act 2002;
“specified” means specified in an assessment notice.
41B
Code of practice about assessment notices
(1)
The Commissioner must prepare and issue a code of practice as to the
manner in which the Commissioner’s functions under and in
45
connection with section 41A are to be exercised.
(2)
The code must in particular—
(a)
specify factors to be considered in determining whether to serve
an assessment notice on a data controller;

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(b)
specify descriptions of documents and information that—
(i)
are not to be examined or inspected in pursuance of an
assessment notice, or
(ii)
are to be so examined or inspected only by persons of a
description specified in the code;
5
(c)
deal with the nature of inspections and examinations carried
out in pursuance of an assessment notice;
(d)
deal with the nature of interviews carried out in pursuance of an
assessment notice;
(e)
deal with the preparation, issuing and publication by the
10
Commissioner of assessment reports in respect of data
controllers that have been served with assessment notices.
(3)
The provisions of the code made by virtue of subsection (2)(b) must, in
particular, include provisions that relate to—
(a)
documents and information concerning an individual’s
15
physical or mental health;
(b)
documents and information concerning the provision of social
care for an individual.
(4)
An assessment report is a report which contains—
(a)
a determination as to whether a data controller has complied or
20
is complying with the data protection principles,
(b)
recommendations as to any steps which the data controller
ought to take, or refrain from taking, to ensure compliance with
any of those principles, and
(c)
such other matters as are specified in the code.
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(5)
The Commissioner may alter or replace the code.
(6)
If the code is altered or replaced, the Commissioner must issue the
altered or replacement code.
(7)
The Commissioner may not issue the code (or an altered or replacement
code) without the approval of the Secretary of State.
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(8)
The Commissioner must arrange for the publication of the code (and
any altered or replacement code) issued under this section in such form
and manner as the Commissioner considers appropriate.
(9)
In this section “social care” has the same meaning as in Part 1 of the
Health and Social Care Act 2008 (see section 9(3) of that Act).”
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