House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 12 May 2009
784

Policing and Crime Bill, continued

Secretary Jacqui Smith

91

Page  63,  line  40  [Clause  54],  leave out ‘195M’, and insert ‘195P’.

Secretary Jacqui Smith

92

Page  65,  line  34  [Clause  55],  at end insert—

‘(za)
first, they must be applied in payment of such expenses incurred by a

person acting as an insolvency practitioner as are payable under this

subsection by virtue of section 432;’.

Secretary Jacqui Smith

93

Page  66,  line  5  [Clause  55],  leave out ‘either of’.

Secretary Jacqui Smith

94

Page  66,  line  16  [Clause  55],  at end insert—

‘(3A)
In section 55(3)(b) (payment of sums received by designated officer under section

54 or otherwise: insolvency practitioners’ expenses) after “section 54(2)(a)”

insert “or 67D(2)(za)”.’.

Secretary Jacqui Smith

95

Page  68,  line  1  [Clause  56],  at end insert—

‘(za)
first, they must be applied in payment of such expenses incurred by a

person acting as an insolvency practitioner as are payable under this

subsection by virtue of section 432;’.

Secretary Jacqui Smith

96

Page  68,  line  20  [Clause  56],  at end insert—

‘( )
in subsection (3)(b) after “section 130(3)(a)” insert “or 131D(2)(za)”.’.

Secretary Jacqui Smith

97

Page  69,  line  38  [Clause  57],  at end insert—

‘(za)
first, they must be applied in payment of such expenses incurred by a

person acting as an insolvency practitioner as are payable under this

subsection by virtue of section 432;’.

Secretary Jacqui Smith

98

Page  69,  line  40  [Clause  57],  after ‘court’, insert ‘or Crown Court’.

Secretary Jacqui Smith

99

Page  70,  line  5  [Clause  57],  after ‘court’, insert ‘or Crown Court’.

Secretary Jacqui Smith

100

Page  70,  line  10  [Clause  57],  at end insert—

Notices of Amendments: 12 May 2009
785

Policing and Crime Bill, continued

‘(4A)
If the magistrates’ court has made a direction under subsection (2)(a) or (3) in

respect of the proceeds of realisation of any property, the Crown Court may not

make a direction under either of those provisions in respect of the proceeds of

realisation of that property; and vice versa.’.

Secretary Jacqui Smith

101

Page  70,  line  17  [Clause  57],  at end insert—

‘(3A)
In section 203(3)(b) (payment of sums received by chief clerk under section 202

or otherwise: insolvency practitioners’ expenses) after “section 202(2)(a)” insert

“or 215D(2)(za)”.’.

Secretary Jacqui Smith

102

Page  81,  line  37  [Clause  69],  leave out from ‘time,’ to end of line 39 and insert

‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’.

Secretary Jacqui Smith

103

Page  81,  line  39  [Clause  69],  at end insert—

‘(6A)
The offender is liable to be detained, on return, in any place in which the

offender could have been detained pursuant to the sentence before the

time of extradition.

(6B)
A constable or immigration officer may—

(a)
take the offender into custody, and

(b)
convey the offender to the place mentioned in subsection (6A).

(6C)
The offender must be released on licence within the period of 5 days

beginning when the offender is taken (or retaken) into custody under this

section.

(6D)
In calculating a period of 5 days for the purposes of subsection (6C) no

account is to be taken of—

(a)
any Saturday or Sunday,

(b)
Christmas Day,

(c)
Good Friday, or

(d)
in any part of the United Kingdom, any day that is a bank holiday

under the Banking and Financial Dealings Act 1971 in that part

of the United Kingdom.’.

Secretary Jacqui Smith

104

Page  82,  line  8  [Clause  69],  at end insert—

‘(7A)
The powers conferred on a constable by subsection (6B) are exercisable

in any part of the United Kingdom.’.

Secretary Jacqui Smith

105

Page  83,  line  1  [Clause  70],  leave out from ‘time,’ to end of line 3 and insert

‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’.

Notices of Amendments: 12 May 2009
786

Policing and Crime Bill, continued

Secretary Jacqui Smith

106

Page  83,  line  3  [Clause  70],  at end insert—

‘(6A)
The offender is liable to be detained, on return, in any place in which the

offender could have been detained pursuant to the sentence before the

time of extradition.

(6B)
A constable or immigration officer may—

(a)
take the offender into custody, and

(b)
convey the offender to the place mentioned in subsection (6A).

(6C)
The offender must be released on licence within the period of 5 days

beginning when the offender is taken (or retaken) into custody under this

section.

(6D)
In calculating a period of 5 days for the purposes of subsection (6C) no

account is to be taken of any day mentioned in any of paragraphs (a) to

(d) of section 59(6D).’

Secretary Jacqui Smith

107

Page  83,  line  18  [Clause  70],  at end insert—

‘(7A)
The powers conferred on a constable by subsection (6B) are exercisable

in any part of the United Kingdom.’.

Secretary Jacqui Smith

108

Page  85,  line  4  [Clause  71],  leave out from ‘time,’ to end of line 6 and insert

‘subsections (4A) to (4D) apply in relation to the person (“the offender”).’.

Secretary Jacqui Smith

109

Page  85,  line  6  [Clause  71],  at end insert—

‘(4A)
The offender is liable to be detained, on return to the United Kingdom, in

any place in which the offender could have been detained pursuant to the

sentence before the time of return to the territory.

(4B)
A constable or immigration officer may—

(a)
take the offender into custody, and

(b)
convey the offender to the place mentioned in subsection (4A).

(4C)
The offender must be released on licence within the period of 5 days

beginning when the offender is taken (or retaken) into custody under this

section.

(4D)
In calculating a period of 5 days for the purposes of subsection (4C) no

account is to be taken of any day mentioned in any of paragraphs (a) to

(d) of section 59(6D).

(4E)
The powers conferred on a constable by subsection (4B) are exercisable

in any part of the United Kingdom.’.

Notices of Amendments: 12 May 2009
787

Policing and Crime Bill, continued

Secretary Jacqui Smith

110

Page  86,  line  21  [Clause  71],  at end insert ‘or with the United Kingdom’s

obligations under the Refugee Convention.’.

Secretary Jacqui Smith

111

Page  86,  line  27  [Clause  71],  after ‘sheriff.’, insert—

‘(3)
The reference in subsection (1) to the Refugee Convention is to the

Convention relating to the Status of Refugees done at Geneva on 28 July

1951 and the Protocol to the Convention.’.

Secretary Jacqui Smith

112

Page  117,  line  29  [Clause  95],  at end insert—

‘(4)
Before laying such a draft before Parliament, the Secretary of State must

consult—

(a)
the Association of Police Authorities,

(b)
the Association of Chief Police Officers of England, Wales and

Northern Ireland,

(c)
the General Council of the Bar,

(d)
the Law Society of England and Wales,

(e)
the Institute of Legal Executives, and

(f)
such other persons as the Secretary of State thinks fit.’.

Secretary Jacqui Smith

113

Page  119,  line  5  [Clause  97],  at end insert—

‘(10A)
Before making regulations under this Article, the Secretary of State must

publish a draft of the regulations and consider any representations made

to the Secretary of State about them.’.

Secretary Jacqui Smith

114

Page  166,  line  38  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

Secretary Jacqui Smith

115

Page  166,  line  40  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

Secretary Jacqui Smith

116

Page  167,  line  2  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

Secretary Jacqui Smith

117

Page  167,  line  4  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

Notices of Amendments: 12 May 2009
788

Policing and Crime Bill, continued

Secretary Jacqui Smith

118

Page  167,  line  6  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

Secretary Jacqui Smith

119

Page  169,  line  12  [Schedule  7],  at end insert—

‘24A (1)
Schedule 5 to that Act (other offences in respect of which power to make

sexual offences prevention order applies) is amended as follows.

      (2)
After paragraph 60 insert—

“60ZA
An offence under section 53 or 54 of the Regulation of

Investigatory Powers Act 2000 (contravention of notice relating to

encrypted information or tipping off in connection with such a

notice).”

      (3)
After paragraph 106 insert—

“106A
An offence under section 53 or 54 of the Regulation of

Investigatory Powers Act 2000 (contravention of notice relating to

encrypted information or tipping off in connection with such a

notice).”

      (4)
After paragraph 168 insert—

“168ZA
An offence under section 53 or 54 of the Regulation of

Investigatory Powers Act 2000 (contravention of notice relating to

encrypted information or tipping off in connection with such a

notice).”’.

Secretary Jacqui Smith

120

Page  170,  line  2  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Secretary Jacqui Smith

121

Page  170,  line  8  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Secretary Jacqui Smith

122

Page  170,  line  13  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Secretary Jacqui Smith

123

Page  170,  line  15  [Schedule  7],  leave out paragraph 33 and insert—

‘33(1)
Section 57 (duty to keep and produce licence) is amended as follows.

      (2)
In the heading after “licence” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the licence are”.

      (4)
In subsection (5)—

(a)
after “it)” insert “or a list of relevant general conditions”, and

(b)
after “copy)” insert “or the list”.

Notices of Amendments: 12 May 2009
789

Policing and Crime Bill, continued

      (5)
In subsection (7) after “of a premises licence” insert “or a list of relevant

general conditions”.

      (6)
After subsection (10) insert—

“(11)
In this section “relevant general conditions”, in relation to a premises

licence, means conditions applicable to the licence by virtue of section

19(4), 19A or 21A.”’.

Secretary Jacqui Smith

124

Page  170,  line  29  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Secretary Jacqui Smith

125

Page  170,  line  36  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Secretary Jacqui Smith

126

Page  170,  line  38  [Schedule  7],  leave out paragraph 38 and insert—

‘38(1)
Section 94 (duty to keep and produce certificate) is amended as follows.

      (2)
In the heading after “certificate” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the certificate are”.

      (4)
In subsection (7) after “copy)” insert “or any list of relevant general

conditions”.

      (5)
In subsection (9) after “of a club premises certificate” insert “or a list of

relevant general conditions”.

      (6)
After subsection (12) insert—

“(13)
In this section “relevant general conditions”, in relation to a club

premises certificate, means conditions applicable to the certificate by

virtue of section 73A, 73B or 74A.”’.

Secretary Jacqui Smith

127

Page  170,  line  46  [Schedule  7],  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Secretary Jacqui Smith

128

Page  171,  line  14  [Schedule  7],  at end insert—

‘Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

    (7)
Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern

Ireland) Order 1981 (proceedings for which legal aid may be given under

Article 9) is amended as follows.

      (8)
In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c)

insert—

“(ca)
proceedings which relate to a direction under section

215D;”.

      (9)
In paragraph 3 (proceedings in a court of summary jurisdiction)—

Notices of Amendments: 12 May 2009
790

Policing and Crime Bill, continued

(a)
in sub-paragraph (j) after “sections” insert “195M,”, and

(b)
after that sub-paragraph insert—

“(ja)
proceedings for the discharge or variation of an

order under section 195M of the Proceeds of Crime

Act 2002;

(jb)
proceedings which relate to a direction under

section 215D of the Proceeds of Crime Act

2002;”.’.

Secretary Jacqui Smith

129

Page  171,  line  14  [Schedule  7],  at end insert—

‘Bankruptcy (Scotland) Act 1985 (c. 66)


The Bankruptcy (Scotland) Act 1985 is amended as follows.


Section 7(1) (meaning of apparent insolvency)—

(a)
in paragraph (b) after “restraint order” insert “, detained under or by

virtue of a relevant detention power”, and

(b)
after the definition of “charging order” insert—

““relevant detention power” means section 44A, 47J, 47K, 47M,

47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M

or 195P of the Proceeds of Crime Act 2002;”.

    (1)
Section 31A (property subject to restraint order) is amended as follows.

      (2)
In subsection (1)—

(a)
in paragraph (b) for “section 50, 128 or 198” substitute “section 50,

67A, 128, 131A, 198 or 215A”, and

(b)
after paragraph (c) insert “, and

(d)
immediately after the discharge of the restraint order

the property is not detained under or by virtue of

section 44A, 47J, 122A, 127J, 193A or 195J of that

Act.”

      (3)
For subsection (2) substitute—

“(2)
The property vests in the trustee as part of the debtor's estate.”


After section 31A insert—

“31AA
  Property released from detention

(1)
This section applies where—

(a)
property is excluded from the debtor’s estate by virtue of

section 420(2)(b) of the Proceeds of Crime Act 2002 (property

detained under certain provisions),

(b)
no order is in force in respect of the property under section 41,

50, 120, 128, 190 or 198 of that Act, and

(c)
the property is released.

(2)
The property vests in the trustee as part of the debtor’s estate.”


In section 31B(1)(a) (property in respect of which receivership or

administration order is made) for “section 420(2)(b), (c) or (d)” substitute

“section 420(2)(c)”.


After section 31B insert—