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Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill


Coroners and Justice Bill
Part 7 — Criminal memoirs etc

97

 

1339 (N.I. 11)) insert—

“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.

5

(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.

(3)   

Proceedings under that Part for such an order are brought when an

application is made for the order.

10

(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

authority has actual knowledge that the proceeds have been obtained.

(5)   

Expressions used in this Article and that Part have the same meaning

15

in this Article as in that Part.”

(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

20

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 5 years from the date on which the enforcement

authority’s right of action accrued.

25

(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 right of action under that

Part in respect of those proceeds accrues when the enforcement

30

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.”

Interpretation

152     

Interpretation of this Part

35

In this Part—

“benefit” means a direct or indirect benefit of any nature (pecuniary or

non-pecuniary);

“enactment” includes an enactment contained in, or an instrument made

under, Northern Ireland legislation;

40

“enforcement authority” has the meaning given by section 141(2);

“material” means any information, opinion, image or other thing;

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

98

 

“qualifying offender” has the meaning given by section 136;

“recoverable amount” has the meaning given by section 135;

“relevant offence” has the meaning given by section 139;

“the respondent” has the meaning given by section 135;

“UK service court” means—

5

(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

10

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

15

Data Protection Act 1998 (c. 29)

153     

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)

20

with a notice (in this Act referred to as an “assessment notice”) for the

purpose of enabling the Commissioner to determine whether the data

controller has complied or is complying with the data protection

principles.

(2)   

A data controller is within this subsection if the data controller is—

25

(a)   

a government department, or

(b)   

a public authority designated for the purposes of this section by

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

30

do all or any of the following—

(a)   

permit the Commissioner to enter any specified premises;

(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

35

description that is capable of being viewed using equipment on

the premises;

(d)   

comply with any request from the Commissioner for—

(i)   

a copy of any of the documents to which the

Commissioner is directed;

40

(ii)   

a copy (in such form as may be requested) of any of the

information which the Commissioner is assisted to

view;

(e)   

direct the Commissioner to any equipment or other material on

the premises which is of a specified description;

45

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

99

 

(f)   

permit the Commissioner to inspect or examine any of the

documents, information, equipment or material to which the

Commissioner is directed or which the Commissioner is

assisted to view;

(g)   

permit the Commissioner to observe the processing of any

5

personal data that takes place on the premises;

(h)   

make available for interview by the Commissioner a specified

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).

10

(4)   

In subsection (3) references to the Commissioner include references to

the Commissioner’s officers and staff.

(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

15

(b)   

the period during which the requirement is to be complied

with.

(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

20

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

notice, and if such an appeal is brought the requirement need not be

complied with pending the determination or withdrawal of the appeal.

(8)   

If by reason of special circumstances the Commissioner considers that

25

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

relation to the requirement as if for the words from “within” to the end

30

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—

(a)   

any communication between a professional legal adviser and

35

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

the adviser’s client, or between such an adviser or the adviser’s

40

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.

(10)   

In subsection (9) references to the client of a professional legal adviser

45

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.

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

100

 

(12)   

In this section—

“excluded body” means—

(a)   

a body specified in section 23(3) of the Freedom of

Information Act 2000 (bodies dealing with security

matters);

5

(b)   

the Office for Standards in Education, Children’s

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

10

section 5(1)(a) of the Care Standards Act 2000;

“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

15

(b)   

an order may be made under section 4 or 5 of the

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

20

manner in which the Commissioner’s functions under and in

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;

25

(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;

30

(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

35

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

40

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

45

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

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

101

 

(c)   

such other matters as are specified in the code.

(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

5

code) without the approval of the Secretary of State.

(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

10

Health and Social Care Act 2008 (see section 9(3) of that Act).”

154     

Information sharing

(1)   

After section 50 of the Data Protection Act 1998 (c. 29) insert—

“Part 5A

15

Information Sharing

50A     

Power to enable information sharing

(1)   

Subject to the following provisions of this Part, a designated authority

may by order (an “information-sharing order”) enable any person to

share information which consists of or includes personal data.

20

(2)   

For the purposes of this Part—

“designated authority” means—

(a)   

an appropriate Minister,

(b)   

the Scottish Ministers,

(c)   

the Welsh Ministers, or

25

(d)   

a Northern Ireland department;

“appropriate Minister” means—

(a)   

the Secretary of State,

(b)   

the Treasury, or

(c)   

any other Minister in charge of a government

30

department.

(3)   

For the purposes of this Part a person shares information if the

person—

(a)   

discloses the information by transmission, dissemination or

otherwise making it available, or

35

(b)   

consults or uses the information for a purpose other than the

purpose for which the information was obtained.

(4)   

A designated authority may make an information-sharing order only if

it is entitled to make the order by virtue of section 50C and it is

satisfied—

40

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

102

 

(a)   

that the sharing of information enabled by the order is

necessary to secure a relevant policy objective,

(b)   

that the effect of the provision made by the order is

proportionate to that policy objective, and

(c)   

that the provision made by the order strikes a fair balance

5

between the public interest and the interests of any person

affected by it.

(5)   

An information-sharing order must—

(a)   

specify the person, or class of persons, enabled to share the

information;

10

(b)   

specify the purposes for which the information may be shared;

(c)   

specify the information, or describe the class of information,

that may be shared.

(6)   

An information-sharing order may not enable any sharing of

information which (in the absence of any provision made by the order)

15

would be prohibited by Part 1 of the Regulation of Investigatory

Powers Act 2000 (c. 23) (communications).

(7)   

Nothing in this section (or any information-sharing order) is to be taken

to prejudice any power or duty to share information which exists apart

from this section.

20

50B     

Information-sharing orders: supplementary provision

(1)   

An information-sharing order may—

(a)   

confer powers on the person in respect of whom it is made;

(b)   

remove or modify any prohibition or restriction imposed

(whether by virtue of an enactment or otherwise) on the sharing

25

of the information by that person or on further or onward

disclosure of the information;

(c)   

confer powers on any person to enable further or onward

disclosure of the information;

(d)   

prohibit or restrict further or onward disclosure of the

30

information;

(e)   

impose conditions on the sharing of information;

(f)   

provide for a person to exercise a discretion in dealing with any

matter;

(g)   

enable information to be shared by, or disclosed to, the

35

designated authority;

(h)   

modify any enactment.

(2)   

An information-sharing order may provide for the creation of offences

triable either way which are punishable—

(a)   

on conviction on indictment, by imprisonment for a term not

40

exceeding the specified period or a fine or both;

(b)   

on summary conviction, by imprisonment for a term not

exceeding the specified period or a fine not exceeding the

statutory maximum or both.

(3)   

In subsection (2)(a) and (b) “specified period” means a period provided

45

for by the order but the period must not exceed—

(a)   

in the case of summary conviction, 12 months (or, in Northern

Ireland, 6 months), and

 
 

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)

103

 

(b)   

in the case of conviction on indictment, 2 years.

(4)   

A designated authority making an information-sharing order must

ensure that any specified period for England and Wales which, in the

case of summary conviction, exceeds 6 months is to be read as a

reference to 6 months so far as it relates to an offence committed before

5

the commencement of section 282(1) of the Criminal Justice Act 2003

(increase in sentencing power of magistrates’ courts from 6 months to

12 months for certain offences triable either way).

50C     

Designated authority: entitlement to make an information-sharing

order

10

(1)   

An appropriate Minister is entitled to make an information-sharing

order only if the sharing of information enabled by the order is for the

purposes of—

(a)   

in the case of the Secretary of State, any matter with which a

department of the Secretary of State is concerned;

15

(b)   

in the case of the Treasury, any matter with which the Treasury

is concerned;

(c)   

in the case of any other Minister in charge of a government

department, any matter with which that department is

concerned.

20

(2)   

Where more than one appropriate Minister is entitled to make an

information-sharing order by virtue of subsection (1), any one or more

of the appropriate Ministers acting (in the case of more than one) jointly

is entitled by virtue of this section to make the order.

(3)   

The Scottish Ministers are entitled to make an information-sharing

25

order only if the sharing of information to which it relates consists of

one or both of the following—

(a)   

the disclosure of information by a relevant Scottish body to

another such body where the information was held by the first

body in connection with its devolved Scottish functions and is

30

disclosed to the second body for the purposes of its devolved

Scottish functions;

(b)   

a relevant Scottish body consulting or using information which

was obtained by it for the purposes of one or more of its

devolved Scottish functions for the purposes of any of its other

35

devolved Scottish functions.

(4)   

The Welsh Ministers are entitled to make an information-sharing order

only if the sharing of information to which it relates consists of one or

both of the following—

(a)   

the disclosure of information by a relevant Welsh body to

40

another such body where the information was held by the first

body in connection with its devolved Welsh functions and is

disclosed to the second body for the purposes of its devolved

Welsh functions;

(b)   

a relevant Welsh body consulting or using information which

45

was obtained by it for the purposes of one or more of its

devolved Welsh functions for the purposes of any of its other

devolved Welsh functions.

 
 

 
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