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Amendment made: 64, page 33, line 36, leave out paragraph (a).— (Mr. Alan Campbell.)
Amendment made: 65, page 34, line 38, leave out ‘126,’.— (Mr. Alan Campbell.)
Amendment made: 66, page 35, line 42, leave out paragraph (a).— (Mr. Alan Campbell.)
Amendments made: 67, page 38, line 36, at end insert—
‘Section 47B(11) is subject to this subsection.’.
Amendment 68, page 41, line 33, leave out ‘this section’ and insert
‘section 52 of the Policing and Crime Act 2009’.Amendment 69, page 42, line 16, leave out subsection (3).
Amendment 70, page 43, leave out lines 39 and 40.
Amendment 71, page 44, leave out lines 31 to 33.
Amendment 72, page 45, line 15, at end insert—
(1) This section applies in relation to property which—
(a) has been seized by an appropriate officer under section 47C, and
(b) is detained under or by virtue of any of sections 47J to 47M and 47P.
(2) The property must be released if at any time an appropriate officer decides that the the detention condition is no longer met.
(3) The detention condition is met for so long as—
(a) any of the conditions in section 47B is met, and
(b) there are reasonable grounds for the suspicion mentioned in section 47C(1).
(4) Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 47J to 47M and 47P.
(5) Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.’.
Amendment 73, page 45, line 15, at end insert—
‘Code of practice about search and seizure and detention of property’.Amendment 74, page 45, line 23, after ‘41A’, insert ‘, 44A’.
Amendment 75, page 45, line 24, leave out ‘47M’ and insert ‘47P’.— (Mr. Alan Campbell.)
Amendments made: 76, page 48, line 14, at end insert—
‘Section 127B(11) is subject to this subsection.’.
Amendment 77, page 51, line 11, leave out ‘this section’ and insert
‘section 53 of the Policing and Crime Act 2009’.Amendment 78, page 51, line 39, leave out subsection (3).
Amendment 79, page 54, line 23, at end insert—
(1) This section applies in relation to property which—
(a) has been seized by an appropriate officer under section 127C, and
(b) is detained under or by virtue of any of sections 127J to 127M and 127P.
(2) The property must be released if at any time an appropriate officer decides that the the detention condition is no longer met.
(3) The detention condition is met for so long as—
(a) any of the conditions in section 127B is met, and
(b) there are reasonable grounds for the suspicion mentioned in section 127C(1).
(4) Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 127J to 127M and 127P.
(5) Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.’.
Amendment 80, page 54, line 23, at end insert—
‘Guidance about search and seizure and detention of property’.Amendment 81, page 54, line 30, after ‘120A’, insert ‘, 122A’.
Amendment 82, page 54, line 31, leave out ‘127M’ and insert ‘127P’.— (Mr. Alan Campbell.)
Amendments made: 83, page 57, line 11, at end insert—
‘Section 195B(11) is subject to this subsection.’.
Amendment 84, page 60, line 5, leave out ‘this section’ and insert
‘section 54 of the Policing and Crime Act 2009’.Amendment 85, page 60, line 34, leave out subsection (3).
Amendment 86, page 62, leave out lines 9 and 10.
Amendment 87, page 63, leave out lines 1 to 3.
Amendment 88, page 63, line 31, at end insert—
(1) This section applies in relation to property which—
(a) has been seized by an appropriate officer under section 195C, and
(b) is detained under or by virtue any of any of sections 195J to 195M and 195P.
(2) The property must be released if at any time an appropriate officer decides that the the detention condition is no longer met.
(3) The detention condition is met for so long as—
(a) any of the conditions in section 195B is met, and
(b) there are reasonable grounds for the suspicion mentioned in section 195C(1).
(4) Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 195J to 195M and 195P.
(5) Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.’.
Amendment 89, page 63, line 31, at end insert—
‘Code of practice about search and seizure and detention of property’.Amendment 90, page 63, line 39, after ‘190A’, insert ‘, 193A’.
Amendment 91, page 63, line 40, leave out ‘195M’, and insert ‘195P’.— (Mr. Alan Campbell.)
Amendments made: 92, page 65, line 34, 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;’.
Amendment 93, page 66, line 5, leave out ‘either of’.
Amendment 94, page 66, line 16, 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)”.’.— (Mr. Alan Campbell.)
Amendments made: 95, page 68, line 1, 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;’.
Amendment 96, page 68, line 20, at end insert—
‘( ) in subsection (3)(b) after “section 130(3)(a)” insert “or 131D(2)(za)”.’.— (Mr. Alan Campbell.)
Amendments made: 97, page 69, line 38, 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;’.
Amendment 98, page 69, line 40, after ‘court’, insert ‘or Crown Court’.
Amendment 99, page 70, line 5, after ‘court’, insert ‘or Crown Court’.
Amendment 100, page 70, line 10, at end insert—
‘(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.’.
Amendment 101, page 70, line 17, 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)”.’.— (Mr. Alan Campbell.)
Amendments made: 102, page 81, line 37, leave out from ‘time,’ to end of line 39 and insert
‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’.Amendment 103, page 81, line 39, 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—
(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.’.
Amendment 104, page 82, line 8, at end insert—
‘(7A) The powers conferred on a constable by subsection (6B) are exercisable in any part of the United Kingdom.’.— (Mr. Alan Campbell.)
Amendments made: 105, page 83, line 1, leave out from ‘time,’ to end of line 3 and insert
‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’.Amendment 106, page 83, line 3, 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).’
Amendment 107, page 83, line 18, at end insert—
‘(7A) The powers conferred on a constable by subsection (6B) are exercisable in any part of the United Kingdom.’.— (Mr. Alan Campbell.)
Amendments made: 108, page 85, line 4, leave out from ‘time,’ to end of line 6 and insert
‘subsections (4A) to (4D) apply in relation to the person (“the offender”).’.Amendment 109, page 85, line 6, 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.’.
Amendment 110, page 86, line 21, at end insert
‘or with the United Kingdom’s obligations under the Refugee Convention.’.Amendment 111, page 86, line 27, 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.’.— (Mr. Alan Campbell.)
Amendments made: 120, page 170, line 2, leave out ‘in particular localities’ and insert ‘to existing licences’.
Amendment 121, page 170, line 8, leave out ‘in particular localities’ and insert ‘to existing licences’.
Amendment 122, page 170, line 13, leave out ‘in particular localities’ and insert ‘to existing licences’.
Amendment 123, page 170, line 15, 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”.
(a) after “it)” insert “or a list of relevant general conditions”, and
(b) after “copy)” insert “or the list”.
(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.”’.
Amendment 124, page 170, line 29, leave out ‘in particular localities’ and insert ‘to existing certificates’.
Amendment 125, page 170, line 36, leave out ‘in particular localities’ and insert ‘to existing certificates’.
Amendment 126, page 170, line 38, 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.”’.
Amendment 127, page 170, line 46, leave out ‘in particular localities’ and insert ‘to existing licences’.
Amendment 128, page 171, line 14, 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)—
(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;”.’.
Amendment 129, page 171, line 14, at end insert—
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