Policing and Crime Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 5 — General licensing conditions relating to alcohol
170

(b)
after “licences)” insert “and any regulations made under section 21A
(which enables general conditions to be applied in particular
localities)”.
31
In section 52(5) (determination of application for review of premises
licence)—
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
localities)”.
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
localities)”.
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”
substitute “is issued”.
36
In section 85(7) (determination of application to vary club premises
certificate)—
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
localities)”.
30
37
In section 88(5) (determination of application for review of club premises
certificate)—
(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
localities)”.
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
localities)”.

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 6 — Proceeds of crime: confiscation
171

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.”
Part 6
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
property;”, and
(b)
after paragraph (d) insert—
“(da)
proceedings which relate to an order under
section 67A authorising an appropriate officer to
realise property;
35
(db)
proceedings which relate to a direction under
section 67D;”.
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
“67D”.

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 7 — Proceeds of crime: forfeiture of detained cash
172

44
In section 132(1) (exercise of powers of court and administrator) for “131”
substitute “131D”.
45
In section 217(1) (exercise of powers of court and receiver) for “215”
substitute “215D”.
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
is in force;”.
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
State etc.)—
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
State etc.)—
(a)
after “section” insert “41A(5), 47R(4),”, and
20
(b)
after “75(7) or (8),” insert “190A(5), 195R(4),”.
Part 7
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
under section 266,
(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
under section 298(2).”
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).”

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 7 — Proceeds of crime: forfeiture of detained cash
173

      (3)
The existing text becomes subsection (2).
      (4)
In that subsection for “Property is free unless” substitute “Property falls
within this subsection if”.
      (5)
At the end insert—
“(3)
Property falls within this subsection if—
5
(a)
it has been forfeited in pursuance of a forfeiture notice under
section 297A;
(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
under section 266,
(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
under section 298(2).”
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”.
      (5)
At the end insert—
“(3)
Property falls within this subsection if—
25
(a)
it has been forfeited in pursuance of a forfeiture notice under
section 297A;
(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
under section 266,
(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
under section 298(2).”
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).

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 7 — Proceeds of crime: forfeiture of detained cash
174

      (4)
In that subsection for “Property is free unless” substitute “Property falls
within this subsection if”.
      (5)
At the end insert—
“(3)
Property falls within this subsection if—
(a)
it has been forfeited in pursuance of a forfeiture notice under
5
section 297A;
(b)
it is detained under section 297C or 297D.”
57
In section 278 (limit on recovery by recovery order) after subsection (6)
insert—
“(6A)
If—
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
amended as follows.
      (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
longer met,
(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
the cash.”
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
for compensation if—
40
(a)
the cash is not forfeited in pursuance of a forfeiture notice,
and
(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

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 8 — Proceeds of crime: detained cash investigations
175

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”
insert “297C or”.
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”.
Part 8
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)—
(a)
in paragraph (f)—
(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
cash investigation”.
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
production orders), 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
retention).”

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 10 — Border controls
176

Part 9
Criminal records
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
in relation to—
(a)
any application for a certificate or for registration; or
(b)
the determination of whether a person should continue to be
10
a registered person.”
Part 10
Border controls
68    (1)
Section 141 of Criminal Justice Act 1988 (c. 33) (offensive weapons) is
amended as follows.
15
      (2)
Omit subsection (4) (prohibition on importation).
      (3)
In subsections (5) and (8) omit—
(a)
paragraph (b), and
(b)
the “or” immediately before that paragraph.
      (4)
In subsection (11A), as inserted by the Violent Crime Reduction Act 2006
20
(c. 38), omit—
(a)
paragraph (b), and
(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)
above”, and
(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
for cash)”.