|
| |
|
(c) | after subsection (8) insert— |
| |
“(8A) | In the case of an exploitation proceeds investigation, material |
| |
falls within this subsection if it cannot be identified at the |
| |
time of the application but it— |
| |
(a) | relates to the person specified in the application, the |
| 5 |
question whether exploitation proceeds have been |
| |
obtained from a relevant offence in relation to that |
| |
person, any question as to the extent or whereabouts |
| |
of any benefit as a result of which exploitation |
| |
proceeds are obtained or any question about the |
| 10 |
person’s available amount, and |
| |
(b) | is likely to be of substantial value (whether or not by |
| |
itself) to the investigation for the purposes of which |
| |
| |
| This subsection is to be construed in accordance with Part 7 |
| 15 |
of the Coroners and Justice Act 2009 (criminal memoirs etc).”, |
| |
| |
(d) | after subsection (10)(c) add— |
| |
“(d) | a member of SOCA’s staff, if the warrant is sought for |
| |
the purposes of an exploitation proceeds |
| 20 |
| |
12 | In section 356 (further provision: civil recovery), in subsection (1) after “civil |
| |
recovery investigations” insert “or exploitation proceeds investigations”. |
| |
13 | In section 357 (disclosure orders)— |
| |
(a) | after subsection (3)(b) add “, or |
| 25 |
(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 |
| |
(b) | after subsection (7)(b) add “; and |
| |
(c) | in relation to an exploitation proceeds investigation, a |
| 30 |
| |
14 | In section 358(2) (requirements for making of disclosure order) after |
| |
| |
“(c) | in the case of an exploitation proceeds investigation, the |
| |
person specified in the application for the order is a person |
| 35 |
| |
15 | In section 362(5) (supplementary) after “investigation” add “or an |
| |
exploitation proceeds investigation”. |
| |
16 | In section 363(2) (customer information orders), in paragraph (a) after |
| |
“investigation”, in first place it occurs, insert “, an exploitation proceeds |
| 40 |
| |
17 | In section 370(2) (account monitoring orders), in paragraph (a) after |
| |
“confiscation investigation” insert “, an exploitation proceeds investigation”. |
| |
18 | After section 378(6) (officers) insert— |
| |
“(6A) | In relation to an exploitation proceeds investigation, a member of |
| 45 |
SOCA’s staff is an appropriate officer.” |
| |
|
| |
|
| |
|
| |
| |
Amendments of the Data Protection Act 1998 (c. 29) |
| |
| |
Data controllers’ registration |
| |
1 | In section 16 of the Data Protection Act 1998 (meaning of “the registrable |
| 5 |
particulars” etc), in subsection (1)— |
| |
(a) | omit “and” at the end of paragraph (ff), and |
| |
(b) | after paragraph (g) insert “, and |
| |
(h) | such information about the data controller as may be |
| |
prescribed under section 18(5A).” |
| 10 |
2 | In section 18 of that Act (notification by data controllers), after subsection (5) |
| |
| |
“(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).” |
| 15 |
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 |
| |
| |
| 20 |
| |
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”. |
| |
| |
(a) | after “enforcement notice” insert “, an assessment notice”, and |
| 25 |
(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; |
| 30 |
(b) | a Northern Ireland department; |
| |
(c) | the Welsh Assembly Government; |
| |
(d) | any body or authority exercising statutory functions |
| |
| |
| 35 |
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.” |
| |
(3) | After that subsection insert— |
| |
“(1A) | In subsection (1) “specified information” means information— |
| 5 |
(a) | specified, or described, in the information notice, or |
| |
(b) | falling within a category which is specified, or described, in |
| |
| |
(1B) | The Commissioner may also specify in the information notice— |
| |
(a) | the form in which the information must be furnished; |
| 10 |
(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 |
| |
an information notice under subsection (1B)(b) must not end, and a time so |
| |
specified must not fall,”. |
| 15 |
7 (1) | Section 44 of that Act (special information notices) is amended as follows. |
| |
(2) | in subsection (1) for “, within” to the end substitute “to furnish the |
| |
Commissioner with specified information for the purpose specified in |
| |
| |
(3) | After subsection (1) insert— |
| 20 |
“(1A) | In subsection (1) “specified information” means information— |
| |
(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 |
| 25 |
| |
(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 |
| 30 |
special information notice under subsection (1B)(b) must not end, and a time |
| |
so specified must not fall,”. |
| |
| |
Restriction on use of information |
| |
8 (1) | Section 43 of that Act (information notices) is amended as follows. |
| 35 |
(2) | In subsection (8), for “other than an offence under this Act,” substitute “, |
| |
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 |
| 40 |
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 |
| |
(c) | an offence under Article 10 of the Perjury (Northern Ireland) |
| |
Order 1979 (false statutory declarations and other false |
| 5 |
| |
(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— |
| 10 |
(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 |
| 15 |
under this section, means— |
| |
(a) | an oral statement, or |
| |
(b) | a written statement made for the purposes of the |
| |
| |
9 (1) | Section 44 of that Act (special information notices) is amended as follows. |
| 20 |
(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— |
| |
(a) | an offence under section 5 of the Perjury Act 1911 (false |
| 25 |
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 |
| |
(c) | an offence under Article 10 of the Perjury (Northern Ireland) |
| 30 |
Order 1979 (false statutory declarations and other false |
| |
| |
(9B) | 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 |
| 35 |
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 |
| |
is asked, by that person or on that person’s behalf. |
| 40 |
(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 |
| |
| 45 |
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 |
| |
| |
(3) | After that sub-paragraph insert— |
| |
“(1A) | The offences mentioned in sub-paragraph (1) 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).” |
| |
| |
Monetary penalties: restriction on matters to be taken into account |
| 15 |
11 | In section 55A of that Act (power of Commissioner to impose monetary |
| |
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— |
| 20 |
(a) | an assessment notice; |
| |
(b) | an assessment under section 51(7).” |
| |
| |
Warrant for entry and inspection |
| |
12 (1) | Schedule 9 to that Act (powers of entry and inspection) is amended as |
| 25 |
| |
(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 |
| 30 |
on the premises which is used or intended to be used for |
| |
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); |
| 35 |
(e) | to require any person on the premises to provide an |
| |
explanation of any document or other material found on |
| |
| |
(f) | to require any person on the premises to provide such |
| |
other information as may reasonably be required for the |
| 40 |
purpose of determining whether the data controller has |
| |
contravened, or is contravening, the data protection |
| |
| |
|
| |
|
| |
|
(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 |
| |
knows to be false in a material respect, or |
| |
(d) | recklessly makes a statement in response to such a |
| 5 |
requirement which is false in a material respect,”. |
| |
(4) | After paragraph 15 add— |
| |
| |
16 | An explanation given, or information provided, by a person in |
| |
response to a requirement under paragraph (e) or (f) of paragraph |
| 10 |
1(3) may only be used in evidence against that person— |
| |
(a) | on a prosecution for an offence under— |
| |
| |
(ii) | section 5 of the Perjury Act 1911 (false statements |
| |
made otherwise than on oath), |
| 15 |
(iii) | section 44(2) of the Criminal Law (Consolidation) |
| |
(Scotland) Act 1995 (false statements made |
| |
otherwise than on oath), or |
| |
(iv) | Article 10 of the Perjury (Northern Ireland) Order |
| |
1979 (false statutory declarations and other false |
| 20 |
| |
(b) | on a prosecution for any other offence where— |
| |
(i) | in giving evidence that person makes a statement |
| |
inconsistent with that explanation or information, |
| |
| 25 |
(ii) | evidence relating to that explanation or |
| |
information is adduced, or a question relating to it |
| |
is asked, by that person or on that person’s behalf.” |
| |
| |
| |
Minor and consequential amendments |
| 30 |
| |
| |
Cremation Act 1902 (c. 8) |
| |
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”. |
| 35 |
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), |
| |
for “the coroner within whose jurisdiction the body is lying” substitute “the |
| |
senior coroner in whose area the body is situated,”. |
| 40 |
|
| |
|
| |
|
4 | In section 5 (burial of still-born children), for the words after “delivered to |
| |
| |
(a) | a certificate given by the registrar under section 11(2) or (3) of |
| |
the Births and Deaths Registration Act 1953, or |
| |
(b) | in a case in relation to which a senior coroner has made |
| 5 |
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.” |
| |
Visiting Forces Act 1952 (c. 67) |
| |
5 (1) | Section 7 of the Visiting Forces Act 1952 (provisions as to coroners’ inquests |
| 10 |
etc) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | Subsections (1A) and (1B) of this section apply if a coroner who has |
| |
jurisdiction to conduct an investigation under Part 1 of the Coroners |
| |
and Justice Act 2009 into a person’s death is satisfied that the |
| 15 |
deceased person, at the time of the death, had a relevant association |
| |
| |
(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 |
| |
| 20 |
(1B) | If an investigation into the person’s death has begun but has not been |
| |
completed, the coroner shall suspend the investigation unless |
| |
directed not to do so by the Lord Chancellor.” |
| |
| |
(a) | for the words from “the last” to “a death” substitute “subsections (1) |
| 25 |
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”; |
| |
(b) | for “Secretary of State” substitute “Lord Chancellor”; |
| |
(c) | for the words from “adjourn the inquest” to “discharge the jury,” |
| |
substitute “suspend the investigation”; |
| 30 |
(d) | for “at the inquest” substitute “in the course of the investigation”. |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | A coroner who suspends an investigation under this section shall— |
| |
(a) | adjourn any inquest being held as part of the investigation, |
| |
| 35 |
(b) | discharge any jury that has been summoned. |
| |
(2B) | The suspension of an investigation under this section does not |
| |
prevent its suspension under Schedule 1 to the Coroners and Justice |
| |
Act 2009; and vice versa.” |
| |
(5) | For subsection (3) substitute— |
| 40 |
“(3) | Where an investigation is suspended under this section, the coroner |
| |
shall not resume it except on the direction of the Lord Chancellor. |
| |
(3A) | Where the investigation is resumed, the coroner must resume any |
| |
inquest that was adjourned under subsection (2A). |
| |
|
| |
|