House of Commons Amendments

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 February 2010
151

Crime and Security Bill, continued

“22A
Charges for vehicle release: appeals

(1)
The Secretary of State shall by regulations make provision for the

purpose specified in subsection (2) in a case where, in England and Wales

or Northern Ireland, a person carries out—

(a)
an activity to which paragraph 3 of Schedule 2 applies by virtue

of sub-paragraph (1)(c) of that paragraph (demanding or

collecting a charge as a condition of the removal of an

immobilisation device), or

(b)
an activity to which paragraph 3A of Schedule 2 applies by virtue

of sub-paragraph (1)(d) of that paragraph (demanding or

collecting a charge as a condition of the release of a vehicle).

(2)
The purpose referred to in subsection (1) is to entitle a person otherwise

entitled to remove the vehicle to appeal against the charge.

(3)
Regulations under this section shall specify the grounds on which an

appeal may be made.

(4)
The grounds may include in particular—

(a)
contravention of a code of practice issued by the Authority;

(b)
contravention of any requirement imposed by or under this Act

(including a condition contained in a licence granted under this

Act).

(5)
Regulations under this section shall make provision for and in connection

with the person to whom an appeal may be made.

(6)
That person may in particular be—

(a)
a person exercising functions of adjudication or the hearing of

appeals under another enactment;

(b)
a body established by the Secretary of State under the

regulations;

(c)
an individual appointed under the regulations by the Secretary of

State or by another person specified in the regulations.

(7)
Regulations under this section may also include provision—

(a)
as to the procedural conditions to be satisfied by a person before

an appeal may be made;

(b)
as to the payment of a fee by the appellant;

(c)
as to the procedure (including time limits) for making an appeal;

(d)
as to the procedure for deciding an appeal;

(e)
as to the payment to the appellant by the respondent of—

(i)
the charge against which the appeal is made;

(ii)
other costs incurred by the appellant in consequence of

the activity referred to in subsection (1);

(f)
as to the payment by a party to an appeal of—

(i)
costs of the other party in relation to the adjudication;

(ii)
other costs in respect of the adjudication;

(g)
as to the payment by the respondent to an appeal, in a case where

the appeal is granted, of a charge in respect of the costs of

adjudications under the regulations;

(h)
as to the effect and enforcement of a decision of the person to

whom an appeal is made;

Public Bill Committee: 4 February 2010
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Crime and Security Bill, continued

(i)
requiring or authorising the person to whom an appeal is made to

provide information relating to the appeal to the Authority;

(j)
to the effect that a person who makes a representation that is false

in a material particular, and does so recklessly or knowing it to

be false, commits an offence triable summarily and punishable

with a fine not exceeding level 5 on the standard scale.

(8)
The provision specified in paragraphs (e), (f) and (g) of subsection (7)

includes provision authorising the person to whom an appeal is made to

require payment of the matters specified in those paragraphs.”

(3)
In section 24 (orders and regulations), in subsection (4), after “section 3(2)(j)”

there is inserted “or 22A”.’

Member’s explanatory statement

This amendment requires the Secretary of State to make regulations allowing appeals to be made

against charges for the removal of an immobilisation device or other release of a vehicle.The

regulations will under section 24(3) of the Private Security Industry Act 2001 be subject to

negative resolution.

Introductory

Mr David Hanson

NC11

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for making payments to, or in

respect of, persons who are injured as a result of an act designated under

subsection (2).

(2)
The Secretary of State may designate an act under this subsection if—

(a)
it took place outside the United Kingdom,

(b)
it took place on or after 18 January 2010,

(c)
in the view of the Secretary of State the act constitutes terrorism within

the meaning of the Terrorism Act 2000 (see section 1 of that Act), and

(d)
having regard to all the circumstances, the Secretary of State considers

that it would be appropriate to designate it.

(3)
Nothing in this section affects any power of the Secretary of State to make

payments to, or in respect of, persons who are injured as a result of terrorism

outside the United Kingdom.

(4)
In sections [Introductory] to [Parliamentary control], “injury” includes fatal

injury (and “injured” is to be construed accordingly).’.

Member’s explanatory statement

This new clause enables the Secretary of State to make arrangements for making payments to

persons injured overseas as a result of designated terrorist acts. This power will not affect any

other power of the Secretary of State to make similar payments (see subsection (3)).

Public Bill Committee: 4 February 2010
153

Crime and Security Bill, continued

Compensation scheme

Mr David Hanson

NC12

To move the following Clause:—

‘(1)
Arrangements under section [Introductory] may include the making of a scheme

providing, in particular, for—

(a)
the circumstances in which payments may be made, and

(b)
the categories of person to whom payments may be made.

(2)
The scheme is to be known as the Victims of Overseas Terrorism Compensation

Scheme (“the Scheme”).

(3)
Sums required for payments to be made in accordance with the Scheme are to be

provided by the Secretary of State.

(4)
Schedule [Compensation of victims of overseas terrorism: consequential

amendments] (which makes consequential amendments relating to the Scheme)

is part of this section.’.

Member’s explanatory statement

This new clause makes provision for the Victims of Overseas Terrorism Compensation Scheme

which will provide for the circumstances in which payments may be made and the categories of

person to whom payments may be made.

Eligibility and applications

Mr David Hanson

NC13

To move the following Clause:—

‘(1)
The Scheme may make provision about a person’s eligibility for a payment under

it by reference to any or all of the following factors—

(a)
the nationality of the person (or the injured person);

(b)
the place of residence of the person (or the injured person);

(c)
the length of time the person (or the injured person) has resided there;

(d)
any other factors that the Secretary of State considers appropriate.

(2)
The Scheme may provide that applications for payments under it may only be

made—

(a)
by eligible persons;

(b)
within a period specified in the Scheme (and the Scheme may specify

different periods for different descriptions of act);

(c)
in a manner or form specified in the Scheme.’.

Member’s explanatory statement

This new clause enables the making of provision in the scheme for applications for payments only

to be made by eligible persons and the factors by which eligibility may be determined.

Public Bill Committee: 4 February 2010
154

Crime and Security Bill, continued

Payments

Mr David Hanson

NC14

To move the following Clause:—

‘(1)
The Scheme may make provision determining the amount of payments to be

made under it to, or in respect of, persons injured as a result of an act designated

under section [Introductory](2) by reference to any or all of the following

factors—

(a)
the nature of the injury;

(b)
loss of earnings resulting from the injury;

(c)
expenses that have been or will be incurred as a result of the injury;

(d)
any other factors that the Secretary of State considers appropriate.

(2)
The Scheme may make provision—

(a)
as to the circumstances in which a payment may be withheld or the

amount of a payment reduced;

(b)
for payments to be repayable in circumstances specified in the Scheme;

(c)
for payments to be made subject to conditions;

(d)
for payments not to exceed such maximum amounts as may be specified

in the Scheme.

(3)
Any amount which falls to be repaid by virtue of subsection (2)(b) is recoverable

as a debt due to the Crown.

(4)
Any sums received by the Secretary of State under any provision of the Scheme

made by virtue of subsection (2)(b) are to be paid by the Secretary of State into

the Consolidated Fund.

(5)
Any assignment (or, in Scotland, assignation) of, or charge on, a payment made

under the Scheme, and any agreement to assign or charge such a payment, is void.

(6)
On the bankruptcy of an individual to whom a payment is made under the Scheme

(or in Scotland, on the sequestration of such an individual’s estate), the payment

shall not pass to any trustee or other person acting on behalf of the individual’s

creditors.’.

Member’s explanatory statement

This new clause enables the making of provision in the scheme for determining the amount of

payments by reference to factors including the nature of the injury and other matters in connection

with the making of payments.

Claims officers etc

Mr David Hanson

NC15

To move the following Clause:—

‘(1)
The Scheme may include provision for applications to be determined and

payments to be made by persons (“claims officers”) appointed for the purpose by

the Secretary of State.

(2)
A claims officer—

(a)
is to be appointed on such terms and conditions as the Secretary of State

considers appropriate;

Public Bill Committee: 4 February 2010
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Crime and Security Bill, continued

(b)
is not to be regarded as having been appointed to exercise functions of the

Secretary of State or to act on behalf of the Secretary of State.

(3)
No decision taken by a claims officer shall be regarded as having been taken by,

or on behalf of, the Secretary of State.

(4)
The Secretary of State may pay such remuneration, allowances or gratuities to or

in respect of claims officers and other persons exercising functions in relation to

the Scheme as the Secretary of State considers appropriate.’.

Member’s explanatory statement

This new clause provides that the scheme may include provision for applications to be decided by

claims officers appointed for the purpose by the Secretary of State. It also provides that such

decisions are not to be regarded as taken by the Secretary of State.

Reviews and appeals

Mr David Hanson

NC16

To move the following Clause:—

‘(1)
The Scheme must include provision for the review, in such circumstances as it

may specify, of any decision taken in respect of an application made under it.

(2)
The Scheme must secure that such a review is conducted by a person other than

the person who made the decision under review.

(3)
The Scheme must include provision for rights of appeal to the First-tier Tribunal

against decisions taken on reviews under provisions of the Scheme made by

virtue of subsection (1).

(4)
The power conferred by section [Payments](2)(a) to provide for the reduction of

an amount of a payment includes power to provide for a reduction where, in the

opinion of the First-tier Tribunal determining an appeal, the appeal is frivolous or

vexatious.’.

Member’s explanatory statement

By this new clause the scheme must include provision for reviews, in such circumstances as set out,

of decisions taken by a claims officer and must include provision for rights of appeal from any

review to the First-tier Tribunal.

Reports, accounts and financial records

Mr David Hanson

NC17

To move the following Clause:—

‘(1)
The Scheme must include provision for such person as the Secretary of State

considers appropriate to make a report to the Secretary of State as soon as possible

after the end of each financial year on the operation of the Scheme during that

year.

(2)
The Secretary of State must lay a copy of every such report before Parliament.

(3)
The Scheme must also include provision—

Public Bill Committee: 4 February 2010
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Crime and Security Bill, continued

(a)
for such person as the Secretary of State considers appropriate—

(i)
to keep proper accounts and proper records in relation to the

accounts;

(ii)
to prepare a statement of accounts in each financial year in such

form as the Secretary of State may direct;

(b)
requiring such a statement of accounts to be submitted to the Secretary of

State at such time as the Secretary of State may direct.

(4)
Where a statement of accounts is submitted to the Secretary of State, the

Secretary of State must send a copy of it to the Comptroller and Auditor General

as soon as is reasonably practicable.

(5)
The Comptroller and Auditor General must—

(a)
examine, certify and report on any statement of accounts received under

subsection (4);

(b)
lay copies of the statement and of the report made under paragraph (a)

before Parliament.

(6)
In this section “financial year” means the period beginning with the day on which

this section comes into force and ending with the following 31st March and each

successive period of 12 months.’.

Member’s explanatory statement

This new clause ensures that the scheme will contain provision for an annual report to be laid

before Parliament and for the preparation of statements of accounts which are to be examined by

the Comptroller and Auditor General and laid before Parliament.

Parliamentary control

Mr David Hanson

NC18

To move the following Clause:—

‘(1)
Before making the Scheme, the Secretary of State must lay a draft of it before

Parliament.

(2)
The Secretary of State must not make the Scheme unless the draft has been

approved by a resolution of each House of Parliament.

(3)
Before making any alteration to a provision of the Scheme made by virtue of—

(a)
section [Eligibility and applications](1) (eligibility for payments under

the scheme),

(b)
section [Payments](1) (determination of amount of payment),

(c)
section [Payments](2)(a) (circumstances in which payment may be

withheld or reduced),

(d)
section [Payments](2)(d) (payments not to exceed specified maximum

amount), or

(e)
section [Reviews and appeals] (reviews and appeals),


the Secretary of State must lay before Parliament a draft of the provision as

proposed to be altered.

(4)
The Secretary of State must not give effect to the proposal concerned unless the

draft has been approved by a resolution of each House of Parliament.

(5)
Before making any other alteration to the Scheme the Secretary of State must lay

a statement of the altered provision before Parliament.

Public Bill Committee: 4 February 2010
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Crime and Security Bill, continued

(6)
If a statement laid before either House of Parliament under subsection (5) is

disapproved by a resolution of that House passed before the end of the period of

40 days beginning with the date on which the statement was laid, the Secretary of

State must—

(a)
make such alterations in the Scheme as appear to the Secretary of State

to be required in the circumstances, and

(b)
before the end of the period of 40 days beginning with the date on which

the resolution was made, lay a statement of those alterations before

Parliament.

(7)
In calculating the period of 40 days mentioned in subsection (6), any period

during which Parliament is dissolved or prorogued or during which both Houses

are adjourned for more than 4 days is to be disregarded.’.

Member’s explanatory statement

This new clause secures that the making of the scheme and any alterations to it will be subject to

parliamentary procedures. The scheme must be laid before Parliament in draft and approved by

resolution of both Houses before it can be made.

Material subject to the Criminal Procedure (Scotland) Act 1995

Mr David Hanson

NC19

To move the following Clause:—

‘(1)
This section applies to the following material—

(a)
relevant physical data or samples taken under section 18(2), (6) or (6A)

of the 1995 Act (prints, samples etc. in criminal investigations), and

(b)
a DNA profile derived from a DNA sample falling within paragraph (a).

(2)
Material retained under this section must not be used other than—

(a)
in the interests of national security, or

(b)
for the purposes of a terrorist investigation.

(3)
Material to which this section applies may be retained—

(a)
if the chief constable determines that it is necessary for the material to be

retained for the purposes of national security, and

(b)
for as long as the determination has effect.

(4)
A determination mentioned in subsection (3)—

(a)
has effect for a maximum of 2 years beginning with the date on which the

material would (but for this section) first become liable for destruction

under the 1995 Act,

(b)
may be renewed.

(5)
The reference in subsection (3) to the chief constable is a reference to the chief

constable of the police force—

(a)
of which the constable who took (or directed the taking of) the material

was a member, or

(b)
in the case of a DNA profile, of which the constable who took (or directed

the taking of) the sample from which the profile was derived was a

member.

(6)
Subsection (3) has effect despite any provision to the contrary in the 1995 Act.

(7)
The reference in subsection (2) to using material includes a reference to allowing

any check to be made against it and to disclosing it to any person.



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