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| | 13 (1) | Employment by the Commission is included among the kinds of employment |
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| | to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) may |
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| | (2) | The offices of Chairman of the Commission and member of the Commission |
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| | are included among the offices to which such a scheme may apply. |
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| | (3) | Accordingly, in Schedule 1 to the Superannuation Act 1972 (kinds of |
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| | employment to which a scheme under section 1 of that Act may apply)— |
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| | (a) | at the end of the list of “Royal Commissions and other Commissions” |
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| | insert “House of Lords Appointments Commission”, |
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| | (b) | in the list of “Offices” insert, at the appropriate place, “House of Lords |
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| | Appointments Commission”. |
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| | (4) | The Commission must pay the Minister for the Civil Service the sums |
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| | determined by the Minister in relation to any increase attributable to this |
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| | paragraph in the sums payable out of money provided by Parliament under the |
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| | Superannuation Act 1972 (c. 11). |
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| | (5) | The payments must be made at the times directed by the Minister. |
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| | Arrangements for assistance |
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| | 14 (1) | The Commission may make arrangements with other persons for the provision |
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| | of assistance to the Commission. |
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| | (2) | In particular, arrangements may be made with the Minister for the Civil |
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| | Service for civil servants to provide assistance. |
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| | (3) | Arrangements may provide for the making of payments by the Commission. |
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| | 15 (1) | The Commission may delegate functions to— |
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| | (b) | any of its committees; |
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| | (c) | any of its employees; |
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| | (d) | a person with whom arrangements are made under paragraph 14 or a |
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| | person (including a civil servant) assisting the Commission under such |
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| | (2) | A committee may delegate functions (including functions delegated to it) to a |
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| | 16 (1) | The Minister for the Civil Service must pay to the Commission the sums |
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| | determined by the Minister as appropriate for, or in connection with, the |
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| | carrying out of the Commission’s functions. |
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| | (2) | When making a payment, the Minister may impose conditions— |
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| | (a) | about how some or all of the money is to be used; |
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| | (b) | requiring the Commission to follow specified procedures in relation to |
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| | its costs and expenditure. |
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| | (3) | Before making a determination under sub-paragraph (1) or imposing a |
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| | condition under sub-paragraph (2), the Minister must consult the Commission. |
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| | 17 (1) | The Commission must keep proper accounts and proper records in relation to |
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| | (2) | The Commission must prepare a statement of accounts for each financial year |
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| | (3) | The statement must give a true and fair view of— |
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| | (a) | the state of the Commission’s affairs at the end of the financial year, |
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| | (b) | the Commission’s income and expenditure and cash flows in the |
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| | (4) | The statement must be in compliance with any directions given by the Minister |
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| | for the Civil Service with the Treasury’s approval as to— |
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| | (a) | the information to be contained in the statement, |
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| | (b) | the manner in which the information is to be presented, or |
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| | (c) | the methods and principles according to which the statement is to be |
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| | (5) | The Commission must send the statement to the Minister at such time as the |
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| | (6) | The Minister must then send the statement to the Comptroller and Auditor |
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| | (7) | The Comptroller and Auditor General must— |
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| | (a) | examine, certify and report on the statement, and |
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| | (b) | lay copies of the statement and the report before Parliament (unless it |
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| | has been arranged for the Minister to do so). |
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| | (a) | must, as soon as practicable after the end of each financial year (see |
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| | paragraph 19), prepare a report about the carrying out of its functions |
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| | (b) | may prepare a report at any other time about any matter relating to the |
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| | carrying out of its functions. |
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| | (2) | As soon as practicable after preparing a report under sub-paragraph (1), the |
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| | Commission must give a copy of the report to the Minister for the Civil Service |
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| | and to the First Ministers for Scotland and Wales. |
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| | (3) | The Commission must then publish the report in the way the Commission |
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| | (4) | The Minister for the Civil Service must lay a copy of the report before |
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| | Parliament (unless it has been arranged for the Comptroller and Auditor |
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| | (5) | The First Minister for Scotland must lay a copy of the report before the Scottish |
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| | (6) | The First Minister for Wales must lay a copy of the report before the National |
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| | Meaning of “financial year” |
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| | 19 | For the purposes of paragraphs 17 and 18, each of the following is a “financial |
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| | (a) | the period which begins when this Schedule comes into force and ends |
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| | with the following 31 March; |
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| | (b) | each successive period of 12 months. |
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| | 20 (1) | The application of the Commission’s seal is to be authenticated by the |
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| | signature of any of the following— |
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| | (a) | a member of the Commission; |
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| | (b) | if the Commission’s staff includes a chief executive, the chief |
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| | (c) | any person authorised (whether generally or specifically) for the |
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| | purpose by anyone within sub-paragraph (a) or (b). |
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| | (2) | A document purporting to be duly executed under the Commission’s seal or |
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| | (a) | is to be received in evidence, and |
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| | (b) | is to be taken to be executed or signed in that way, unless the contrary |
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| | (3) | This paragraph does not extend to Scotland.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Mental Health Act 1983 is amended as follows. |
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| | (2) | Subsections (2) to (7) of section 141 are deleted.’. |
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| | Ban on Attorney General directions in individual cases |
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| To move the following Clause:— |
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| | ‘(1) | The Attorney General’s function of superintendence of the Directors does not |
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| | include power to give a direction in relation to an individual case. |
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| | (2) | In this section and in section [Protocol for running of prosecution services] “the |
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| | (a) | the Director of Public Prosecutions; |
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| | (b) | the Director of the Serious Fraud Office; |
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| | (c) | the Director of Revenue and Customs Prosecutions.’. |
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| | Protocol for running of prosecution services |
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| To move the following Clause:— |
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| | ‘(1) | The Attorney General must, in consultation with the Directors, prepare a |
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| | statement (a “protocol”) of how the Attorney General and the Directors are to |
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| | exercise their functions in relation to each other. |
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| | (2) | The protocol may in particular includes provisions as to— |
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| | (a) | the general responsibilities of the Attorney General and each of the |
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| | (b) | the arrangements for ensuring that the Attorney General is properly |
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| | advised on matters relating to the strategic direction of the prosecution |
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| | services and on matters affecting more than one prosecution service; |
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| | (c) | the circumstances in which the Attorney General is to be consulted or |
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| | provided with information; |
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| | (d) | the objectives of the prosecution services; |
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| | (e) | the way in which the objectives are set and the means by which their |
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| | achievement or otherwise is reviewed; |
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| | (f) | the roles of the Attorney General and the Directors in relation to criminal |
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| | (g) | the way in which matters relating to the accountability of the Attorney |
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| | General to Parliament for the prosecution services are to be handled; |
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| | (h) | the roles of the Attorney General and the Directors in relation to dealings |
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| | with representatives of the press and other media; |
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| | (i) | procedures for dealing with complaints relating to the prosecution |
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| | (3) | The Attorney General must lay the protocol before Parliament. |
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| | (4) | The protocol shall come into force when a resolution approving it has been passed |
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| | by each House of Parliament. |
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| | (5) | The Attorney General must from time to time review the protocol and may, in |
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| | consultation with the Directors, revise it. |
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| | (6) | If the protocol is revised, the procedure in (3) and (4) above applies. |
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| | (7) | The Attorney General and the Directors must have regard to any relevant |
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| | provisions of the protocol when carrying out their functions. |
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| | (8) | “The prosecution services” means the Crown Prosecution Service, the Serious |
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| | Fraud Office and the Revenue and Customs Prosecutions Office.’. |
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| | Director of Public Prosecutions |
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| To move the following Clause:— |
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| | ‘(1) | The Director of Public Prosecutions— |
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| | (a) | is appointed by the Attorney General, and |
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| | (b) | subject to what follows, holds office in accordance with the terms of the |
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| | (2) | The Director must have a 10 year general qualification, within the meaning of |
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| | section 71 of the Courts and Legal Services Act 1990 (c. 41). |
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| | (3) | Service as the Director is service in the civil service of the State. |
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| | (4) | There is to be paid to the Director such remuneration as the Attorney General |
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| | may, with the approval of the Minister for the Civil Service, determine. |
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| | (5) | Any appointment under subsection (1) must be for a term of five years. |
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| | (6) | The Director may at any time resign by notice in writing to the Attorney General. |
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| | (7) | The Attorney General may remove the Director from office only if satisfied that |
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| | the Director is unable, unfit or unwilling to carry out the functions of the office. |
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| | (8) | The factors which the Attorney General may take into account in determining |
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| | whether the Director is unfit to carry out the functions of the office include in |
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| | (a) | failure by the Director to comply with section [Protocol for running of |
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| | prosecution services] (7) (duty to have regard to relevant provisions of |
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| | (b) | failure by the Director to perform the functions of the office efficiently |
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| | |
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| | Director of the Serious Fraud Office |
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| To move the following Clause:— |
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| | ‘(1) | The Director of the Serious Fraud Office— |
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| | (a) | is appointed by the Attorney General, and |
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| | (b) | subject to what follows, holds office in accordance with the terms of the |
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| | (2) | Service as the Director is service in the civil service of the State. |
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| | (3) | There is to be paid to the Director such remuneration as the Attorney General |
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| | may, with the approval of the Minister for the Civil Service, determine. |
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| | (4) | Any appointment under subsection (1) must be for a term of five years. |
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| | (5) | The Director may at any time resign by notice in writing to the Attorney General. |
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| | (6) | The Attorney General may remove the Director from office only if satisfied that |
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| | the Director is unable, unfit or unwilling to carry out the functions of the office. |
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| |
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| | (7) | The factors which the Attorney General may take into account in determining |
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| | whether the Director is unfit to carry out the functions of the office include in |
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| | |
| | (a) | failure by the Director to comply with section [Protocol for running of |
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| | prosecution services] (7) (duty to have regard to relevant provisions of |
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| | |
| | (b) | failure by the Director to perform the functions of the office efficiently |
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| | Director of Revenue and Customs Prosecutions |
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| To move the following Clause:— |
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| | ‘(1) | The Director of Revenue and Customs Prosecutions— |
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| | (a) | is appointed by the Attorney General, and |
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| | (b) | subject to what follows, holds office in accordance with the terms of the |
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| | |
| | (2) | The Director must have a 10 year general qualification, within the meaning of |
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| | section 71 of the Courts and Legal Services Act 1990 (c. 41). |
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| | (3) | Service as the Director is service in the civil service of the State. |
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| | (4) | There is to be paid to the Director such remuneration as the Attorney General |
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| | may, with the approval of the Minister for the Civil Service, determine. |
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| | (5) | Any appointment under subsection (1) must be for a term of five years. |
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| | (6) | The Director may at any time resign by notice in writing to the Attorney General. |
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| | (7) | The Attorney General may remove the Director from office only if satisfied that |
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| | the Director is unable, unfit or unwilling to carry out the functions of the office. |
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| | (8) | The factors which the Attorney General may take into account in determining |
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| | whether the Director is unfit to carry out the functions of the office include, in |
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| | |
| | (a) | failure by the Director to comply with section [Protocol for running of |
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| | prosecution services] (7) (duty to have regard to relevant provisions of |
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| | (b) | failure by the Director to perform the functions of the office efficiently |
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| | Ending of prosecution consent functions of Attorney |
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| To move the following Clause:— |
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| | ‘(1) | All provisions under any enactment that give the Attorney General a prosecution |
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| | consent function shall be read as giving that prosecution consent function |
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| | insetead to the Director of Public Prosecutions. |
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| | (2) | For the purposes of this section the Attorney General has a prosecution consent |
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| | function under an enactment if under that enactment— |
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| | (a) | proceedings for an offence may not be instituted except by, or with the |
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| | consent of, the Attorney General (or by, or with the consent of, the |
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| | Attorney General or one or more other persons), or |
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| | (b) | the Attorney General (or the Attorney General or one or more other |
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| | persons) has a function of giving a consent to the taking of any other step |
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| | in connection with proceedings for an offence. |
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| | (3) | In subsection (1) and sections 12 and 13, “offence” includes a service offence as |
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| | defined by section 50 of the Armed Forces Act 2006 (c. 52) (and the reference in |
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| | section 13(4) to a court includes a reference to a service court within the meaning |
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| | of section 324(4) of the 2006 Act).’. |
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| |
| | Abolition of nolle prosequi |
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| To move the following Clause:— |
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| | ‘The power of the Attorney General to enter a nolle prosequi is abolished in |
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| | relation to proceedings in England and Wales.’. |
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| |
| | Factors to be taken into account when determining whether a body is a public authority |
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| To move the following Clause:— |
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| | ‘For the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998 |
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| | (c. 42) (acts of public authorities), the factors which must be taken into account |
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| | in determining whether a function is a function carried out by a public authority |
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| | |
| | (a) | the extent to which the state has assumed responsibility for the function |
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| | |
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