|
| |
|
(b) | after “licences)” insert “and any regulations made under section 21A |
| |
(which enables general conditions to be applied in particular |
| |
| |
31 | In section 52(5) (determination of application for review of premises |
| |
| 5 |
(a) | for “19, 20 and 21” substitute “19 to 21”, and |
| |
(b) | after “licences)” insert “and any regulations made under section 21A |
| |
(which enables general conditions to be applied in particular |
| |
| |
32 | In section 53C(5) (summary reviews of premises licences)— |
| 10 |
(a) | for “19, 20 and 21” substitute “19 to 21”, and |
| |
(b) | after “licences)” insert “and any regulations made under section 21A |
| |
(which enables general conditions to be applied in particular |
| |
| |
33 | In section 57(3) (duty to display premises licence) after paragraph (a) and |
| 15 |
before the “and” following it insert— |
| |
“(aa) | a list of any conditions that are included in the licence by |
| |
virtue of section 19, 19A, 20 or 21A but are not set out in the |
| |
summary of the licence,”. |
| |
34 | In section 72(2)(b) and (4)(a)(ii) (determination of application for club |
| 20 |
premises certificate) after “to (5)” insert “, 73A”. |
| |
35 | In section 78(2)(e) (form of club premises certificate) for “has effect” |
| |
| |
36 | In section 85(7) (determination of application to vary club premises |
| |
| 25 |
(a) | for “and 74” substitute “to 74”; |
| |
(b) | for the words from “supply” to “premises” substitute “alcohol”, and |
| |
(c) | after “films)” insert “and any regulations made under section 74A |
| |
(which enables general conditions to be applied in particular |
| |
| 30 |
37 | In section 88(5) (determination of application for review of club premises |
| |
| |
(a) | for “and 74” substitute “to 74”, |
| |
(b) | for the words from “supply” to “premises” substitute “alcohol”, and |
| |
(c) | after “films)” insert “and any regulations made under section 74A |
| 35 |
(which enables general conditions to be applied in particular |
| |
| |
38 | In section 94(4) (duty to display club premises certificate) after paragraph (a) |
| |
and before the “and” following it insert— |
| |
“(aa) | a list of any conditions that are included in the certificate by |
| 40 |
virtue of section 73A, 73B or 74A but are not set out in the |
| |
summary of the certificate,”. |
| |
39 | In section 167(7) (review of premises licence following closure order)— |
| |
(a) | for “19, 20 and 21” substitute “19 to 21”, and |
| |
(b) | after “licences)” insert “and any regulations made under section 21A |
| 45 |
(which enables general conditions to be applied in particular |
| |
| |
|
| |
|
| |
|
40 (1) | Section 197 (regulations and orders) is amended as follows. |
| |
(2) | After subsection (3)(a) (exceptions to negative procedure) insert— |
| |
“(aa) | regulations under section 21A or 74A or an order under |
| |
section 19A, 21A(6), 73B or 74A(6) (regulations and orders in |
| |
relation to general licensing conditions),”. |
| 5 |
(3) | In subsection (4) (affirmative procedure for orders) for “subsection (3)(b)” |
| |
substitute “subsection (3)(aa), (b),”. |
| |
(4) | After subsection (5) insert— |
| |
“(6) | A statutory instrument containing regulations within subsection |
| |
(3)(aa) is not to be made unless a draft of the instrument containing |
| 10 |
the regulations has been laid before and approved by a resolution of |
| |
each House of Parliament.” |
| |
| |
Proceeds of crime: confiscation |
| |
Access to Justice Act 1999 (c. 22) |
| 15 |
41 (1) | Schedule 2 to the Access to Justice Act 1999 (community legal service: |
| |
excluded services) is amended as follows. |
| |
(2) | In paragraph 2(3) (magistrates’ court proceedings in which advocacy may |
| |
be funded as part of the Community Legal Service)— |
| |
(a) | in paragraph (l) after “section” insert “47M,”, and |
| 20 |
(b) | after that paragraph (but before the following “and”) insert— |
| |
“(m) | for the discharge or variation of an order under |
| |
section 47M of the Proceeds of Crime Act 2002, |
| |
(n) | which relate to a direction under section 67D of the |
| |
Proceeds of Crime Act 2002,”. |
| 25 |
(3) | In paragraph 3(1) (certain Crown Court proceedings in which advocacy may |
| |
be funded as part of the Community Legal Service)— |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | proceedings which relate to an order under |
| |
section 47M authorising the detention of |
| 30 |
| |
(b) | after paragraph (d) insert— |
| |
“(da) | proceedings which relate to an order under |
| |
section 67A authorising an appropriate officer to |
| |
| 35 |
(db) | proceedings which relate to a direction under |
| |
| |
Proceeds of Crime Act 2002 (c. 29) |
| |
42 | The Proceeds of Crime Act 2002 is amended as follows. |
| |
43 | In section 69(1) (exercise of powers of court and receiver) for “67” substitute |
| 40 |
| |
|
| |
|
| |
|
44 | In section 132(1) (exercise of powers of court and administrator) for “131” |
| |
| |
45 | In section 217(1) (exercise of powers of court and receiver) for “215” |
| |
| |
46 | In section 417(2) (property excluded from bankrupt’s estate for the purposes |
| 5 |
of Part 9 of the Insolvency Act 1986) after paragraph (b) insert— |
| |
“(ba) | any property in respect of which an order under section 67A |
| |
| |
47 | In section 453A(5) (offences in relation to financial investigators) for |
| |
paragraph (a) substitute— |
| 10 |
“(a) | sections 47C to 47F or 195C to 195F (powers to seize and |
| |
search for realisable property);”. |
| |
48 (1) | Section 459 (orders and regulations) is amended as follows. |
| |
(2) | In subsection (4)(a) (orders not subject to negative procedure: Secretary of |
| |
| 15 |
(a) | after “section” insert “41A(5), 47R(4),”, and |
| |
(b) | after “75(7) or (8),” insert “190A(5), 195R(4),”. |
| |
(3) | In subsection (6)(a) (orders subject to affirmative procedure: Secretary of |
| |
| |
(a) | after “section” insert “41A(5), 47R(4),”, and |
| 20 |
(b) | after “75(7) or (8),” insert “190A(5), 195R(4),”. |
| |
| |
Proceeds of crime: forfeiture of detained cash |
| |
Access to Justice Act 1999 (c. 22) |
| |
49 | In paragraph 2(3)(l) of Schedule 2 to the Access to Justice Act 1999 (certain |
| 25 |
magistrates’ court proceedings in which advocacy may be funded as part of |
| |
the Community Legal Service) after “295, 297,” insert “297E, 297F,”. |
| |
Proceeds of Crime Act 2002 (c. 29) |
| |
50 | The Proceeds of Crime Act 2002 is amended as follows. |
| |
51 | In section 7 (recoverable amount for the purpose of confiscation orders: |
| 30 |
England and Wales) in subsection (4) for the words from “any property” to |
| |
the end substitute “the following must be ignored— |
| |
(a) | any property in respect of which a recovery order is in force |
| |
| |
(b) | any property which has been forfeited in pursuance of a |
| 35 |
forfeiture notice under section 297A, and |
| |
(c) | any property in respect of which a forfeiture order is in force |
| |
| |
52 (1) | Section 82 (definition of “free property”) is amended as follows. |
| |
(2) | At the beginning insert— |
| 40 |
“(1) | Property is free unless it falls within subsection (2) or (3).” |
| |
|
| |
|
| |
|
(3) | The existing text becomes subsection (2). |
| |
(4) | In that subsection for “Property is free unless” substitute “Property falls |
| |
within this subsection if”. |
| |
| |
“(3) | Property falls within this subsection if— |
| 5 |
(a) | it has been forfeited in pursuance of a forfeiture notice under |
| |
| |
(b) | it is detained under section 297C or 297D.” |
| |
53 | In section 93 (recoverable amount for the purpose of confiscation orders: |
| |
Scotland) in subsection (4) for the words from “any property” to the end |
| 10 |
substitute “the following must be ignored— |
| |
(a) | any property in respect of which a recovery order is in force |
| |
| |
(b) | any property which has been forfeited in pursuance of a |
| |
forfeiture notice under section 297A, and |
| 15 |
(c) | any property in respect of which a forfeiture order is in force |
| |
| |
54 (1) | Section 148 (definition of “free property”) is amended as follows. |
| |
(2) | At the beginning insert— |
| |
“(1) | Property is free unless it falls within subsection (2) or (3).” |
| 20 |
(3) | The existing text becomes subsection (2). |
| |
(4) | In that subsection for “Property is free unless” substitute “Property falls |
| |
within this subsection if”. |
| |
| |
“(3) | Property falls within this subsection if— |
| 25 |
(a) | it has been forfeited in pursuance of a forfeiture notice under |
| |
| |
(b) | it is detained under section 297C or 297D.” |
| |
55 | In section 157 (recoverable amount for the purpose of confiscation orders: |
| |
Northern Ireland) in subsection (4) for the words from “any property” to the |
| 30 |
end substitute “the following must be ignored— |
| |
(a) | any property in respect of which a recovery order is in force |
| |
| |
(b) | any property which has been forfeited in pursuance of a |
| |
forfeiture notice under section 297A, and |
| 35 |
(c) | any property in respect of which a forfeiture order is in force |
| |
| |
56 (1) | Section 230 (definition of “free property”) is amended as follows. |
| |
(2) | At the beginning insert— |
| |
“(1) | Property is free unless it falls within subsection (2) or (3).” |
| 40 |
(3) | The existing text becomes subsection (2). |
| |
|
| |
|
| |
|
(4) | In that subsection for “Property is free unless” substitute “Property falls |
| |
within this subsection if”. |
| |
| |
“(3) | Property falls within this subsection if— |
| |
(a) | it has been forfeited in pursuance of a forfeiture notice under |
| 5 |
| |
(b) | it is detained under section 297C or 297D.” |
| |
57 | In section 278 (limit on recovery by recovery order) after subsection (6) |
| |
| |
| 10 |
(a) | recoverable property is forfeited in pursuance of a forfeiture |
| |
notice under section 297A, and |
| |
(b) | the enforcement authority subsequently seeks a recovery |
| |
order in respect of related property, |
| |
| the forfeiture notice is to be treated for the purposes of this section as |
| 15 |
if it were a recovery order obtained by the enforcement authority in |
| |
respect of the forfeited property.” |
| |
58 | In section 300(1) (application of cash forfeited by court under section 298) for |
| |
“this Chapter” substitute “section 298”. |
| |
59 (1) | Section 301 (victims and other owners: application for release of cash) is |
| 20 |
| |
(2) | In subsection (4)(c) for the words from “the conditions” to “that section” |
| |
substitute “the release condition is met”. |
| |
(3) | After subsection (4) insert— |
| |
“(5) | The release condition is met— |
| 25 |
(a) | in relation to cash detained under section 295, if the |
| |
conditions in that section for the detention of the cash are no |
| |
| |
(b) | in relation to cash detained under section 297C or 297D, if the |
| |
cash is not recoverable property and is not intended by a |
| 30 |
person for use in unlawful conduct, and |
| |
(c) | in relation to cash detained under 298, if the court or sheriff |
| |
decides not to make an order under that section in relation to |
| |
| |
60 (1) | Section 302 (compensation) is amended as follows. |
| 35 |
(2) | For subsection (1) substitute— |
| |
“(1) | If cash detained under this Chapter was seized in England, Wales or |
| |
Northern Ireland the person to whom the cash belongs or from |
| |
whom it was seized may make an application to a magistrates’ court |
| |
| 40 |
(a) | the cash is not forfeited in pursuance of a forfeiture notice, |
| |
| |
(b) | no forfeiture order is made in respect of the cash. |
| |
(1A) | If cash detained under this Chapter was seized in Scotland the |
| |
person to whom the cash belongs or from whom it was seized may |
| 45 |
|
| |
|
| |
|
make an application to the sheriff for compensation if no forfeiture |
| |
order is made in respect of the cash.” |
| |
(3) | After subsection (7B) insert— |
| |
“(7C) | If any cash is detained under this Chapter and part only of the cash |
| |
is forfeited in pursuance of a forfeiture notice, this section has effect |
| 5 |
in relation to the other part.” |
| |
61 | In section 341(3A)(a) and (b) (definition of detained cash investigation) for |
| |
“section 295” substitute “that Chapter”. |
| |
62 | In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section” |
| |
| 10 |
UK Borders Act 2007 (c. 30) |
| |
63 | In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of |
| |
Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers) |
| |
for “section 290” substitute “sections 290 and 297A”. |
| |
| 15 |
Proceeds of crime: detained cash investigations |
| |
64 | In section 18 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) |
| |
(enforcement of UK judgments in other parts of UK), in subsection (2)— |
| |
| |
(i) | omit “or a detained cash investigation”, and |
| 20 |
(ii) | for “meanings” substitute “meaning”, and |
| |
(b) | after paragraph (f) insert— |
| |
“(g) | an order made, or a warrant issued, under Chapter 3 |
| |
of Part 8 of the Proceeds of Crime Act 2002 for the |
| |
purposes of a detained cash investigation within the |
| 25 |
meaning given by section 341 of that Act;”. |
| |
65 | In section 64 of the Criminal Justice and Police Act 2001 (c. 16) (meaning of |
| |
“appropriate judicial authority”), in subsection (3)(aa), omit “or a detained |
| |
| |
66 | For paragraph 13A of Schedule 2 to the Commissioners for Revenue and |
| 30 |
Customs Act 2005 (c. 11) (restrictions on functions of officers) substitute— |
| |
“13A | The powers conferred on an officer of Revenue and Customs by |
| |
virtue of the following are exercisable only in relation to cash |
| |
seized in accordance with paragraph 13 above by an officer of |
| |
Revenue and Customs under section 294 of the Act of 2002— |
| 35 |
(a) | section 352(5)(c), 353(10)(c) or 378(3A)(b) of that Act |
| |
(powers in relation to search and seizure warrants and |
| |
| |
(b) | an order under subsection (2) of section 355 of that Act |
| |
made in pursuance of subsection (3)(d) or (4)(d) of that |
| 40 |
section (application of other provisions dealing with |
| |
| |
|
| |
|
| |
|
| |
| |
67 | In section 119 of the Police Act 1997 (c. 50) (sources of information) for |
| |
subsection (1A) substitute— |
| |
“(1A) | The Secretary of State may require the Independent Safeguarding |
| 5 |
Authority to make available specified information for the purpose of |
| |
enabling the Secretary of State to carry out functions under this Part |
| |
| |
(a) | any application for a certificate or for registration; or |
| |
(b) | the determination of whether a person should continue to be |
| 10 |
| |
| |
| |
68 (1) | Section 141 of Criminal Justice Act 1988 (c. 33) (offensive weapons) is |
| |
| 15 |
(2) | Omit subsection (4) (prohibition on importation). |
| |
(3) | In subsections (5) and (8) omit— |
| |
| |
(b) | the “or” immediately before that paragraph. |
| |
(4) | In subsection (11A), as inserted by the Violent Crime Reduction Act 2006 |
| 20 |
| |
| |
(b) | the “or” immediately before that paragraph. |
| |
(5) | In subsection (11A), as inserted by the Custodial Sentences and Weapons |
| |
(Scotland) Act 2007 (asp 17), omit “Subject to subsection (11C),”. |
| 25 |
(6) | In subsection (11D), as inserted by the Violent Crime Reduction Act 2006— |
| |
(a) | in paragraph (a) omit “or from the prohibition in subsection (4) |
| |
| |
(b) | in paragraph (b) omit “, or for an offence under section 50(2) or (3) of |
| |
the Customs and Excise Management Act 1979,”. |
| 30 |
(7) | Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and |
| |
Weapons (Scotland) Act 2007. |
| |
69 | In section 289(8) of the Proceeds of Crime Act 2002 (recovery of cash in |
| |
summary proceedings: intimate searches) after “1979 (c. 2))” insert “but see |
| |
section 164A of that Act (additional Revenue and Customs powers to search |
| 35 |
| |
|
| |
|