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| Terrorist Asset-Freezing etc. Bill [Lords] |
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| Clause 2, page 2, line 1, after ‘believe’, insert ‘on the balance of probabilities’. |
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| Clause 3, page 2, line 27, at end insert— |
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| | ‘(aa) | explain, as fully as possible consistent with the public interest in non- |
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| | disclosure, the reasons why they are satisfied that the conditions in |
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| | section 2(1) are satisfied.’. |
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| Clause 28, page 13, line 41, at end insert— |
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| | ‘(5) | In section 67(3) of the Counter-Terrorism Act 2008 (Rules of court about |
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| | (a) | in paragraph (c) after “that”, insert “subject to paragraph (ca) below”; and |
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| | (b) | after paragraph (c) insert— |
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| | “(ca) | that in relation to a final designation, the material |
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| | disclosed by the Treasury on which they rely is |
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| | sufficient to enable each designated person to give |
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| | effective instructions to a person appointed as a special |
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| | advocate to represent that party’s interests;”.’. |
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| Schedule 1, page 29, line 28, after sub-paragraph (f), insert— |
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| | ‘(fa) | leave out rule 79.2.’. |
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| Clause 31, page 15, line 25, at end insert— |
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| | ‘( ) | A person may not be appointed under subsection (1) unless— |
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| | (a) | the Secretary of State lays a report before both Houses of Parliament |
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| | which recommends the person and sets out the process by which he was |
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| | (b) | a Minister of the Crown tables a motion in both Houses to approve the |
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| | report laid under this subsection, and appoint the person, and |
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| | (c) | such a motion is agreed by a resolution of both Houses of Parliament.’. |
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| Clause 31, page 15, line 31, leave out ‘send the Treasury a’. |
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| Clause 31, page 15, line 32, after ‘report’, insert ‘to Parliament’. |
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| Clause 31, page 15, line 34, leave out subsection (4). |
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| Clause 31, page 15, line 37, at end insert— |
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| | ‘( ) | Appointment under subsection (1) shall be for a non-renewable term of five |
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| Page 1, line 14, leave out Clause 2. |
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| Page 2, line 25, leave out Clause 3. |
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| Page 3, line 1, leave out Clause 4. |
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| Page 3, line 16, leave out Clause 5. |
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| Page 3, line 24, leave out Clause 6. |
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| Page 4, line 1, leave out Clause 7. |
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| Page 4, line 21, leave out Clause 8. |
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| Page 4, line 37, leave out Clause 9. |
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| Page 5, line 4, leave out Clause 10. |
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| Clause 1, page 1, line 8, leave out ‘a person designated by the Treasury’ and insert |
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| ‘an individual or organisation designated by the court’. |
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| | Court’s power to make pre-arrest designations |
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| To move the following Clause:— |
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| | ‘(1) | A court may make a designation of an individual for the purposes of this Part if— |
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| | (a) | the Treasury has made an application for designation of the individual; |
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| | (b) | an arrest warrant has been issued against the individual in respect of a |
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| | terrorism offence but the individual has not yet been arrested; and |
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| | (c) | the court considers that it is necessary for purposes connected with |
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| | protecting members of the public from terrorism that financial |
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| | restrictions should be applied in relation to the individual. |
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| | (2) | For this purpose a “terrorism offence” means any one or more of the following— |
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| | (a) | an offence for the time being listed in section 41(1) of the Counter- |
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| | (b) | an offence for the time being listed in Schedule 2 of the Counter- |
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| | Terrorism Act 2008 that has a terrorist connection. |
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| | (3) | For the purposes of this Part an offence has a terrorist connection if the offence— |
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| | (a) | is, or takes place in the course of, an act of terrorism, or |
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| | (b) | is committed for the purposes of terrorism.’. |
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| | Notice of pre-arrest designation |
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| To move the following Clause:— |
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| | ‘(1) | The hearing of an application under section 2 may take place in the absence of the |
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| | individual in question and without the individual having been notified of the |
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| | (2) | Where a designation is made under section 2 the Treasury must give written |
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| | notice of the designation to the designated individual unless the court considers |
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| | the disclosure of the designation should be restricted for reasons connected with |
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| | the prevention or detection of serious crime or the apprehension of the |
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| | Duration of pre-arrest designation |
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| To move the following Clause:— |
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| | ‘(1) | A designation made under section 2 or renewed under subsection (2) expires— |
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| | (a) | 7 days beginning with the date on which it was made or renewed, or |
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| | (b) | on the making of a designation under section 6 in relation to the same |
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| | whichever is the earlier. |
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| | (2) | The court may renew a designation made under section 2 at any time before it |
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| | (a) | the requirements in section 2(1) continue to be met, and |
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| | (b) | the court is satisfied that reasonable steps have been taken to execute the |
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| | Court’s power to designate organisations |
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| To move the following Clause:— |
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| | ‘(1) | The court may designate an organisation for the purpose of this Part if— |
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| | (a) | the Treasury has made an application for designation of the organisation; |
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| | (b) | the court reasonably believes the organisation is concerned in terrorism; |
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| | (c) | the court considers that it is necessary for purposes connected with |
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| | protecting members of the public from terrorism that financial |
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| | restrictions should be applied in relation to the organisation. |
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| | (2) | For the purposes of subsection (1) an organisation is concerned in terrorism if it— |
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| | (a) | commits or participates in acts of terrorism, |
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| | (b) | prepares for terrorism, |
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| | (c) | is otherwise concerned in terrorism.’. |
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| | Court’s power to make designations against individuals |
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| To move the following Clause:— |
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| | ‘(1) | A court may make a designation of an individual for the purposes of this Part if |
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| | the Treasury has made an application for designation of the individual and the |
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| | following two conditions are met. |
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| | (2) | The first condition is that— |
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| | (a) | the individual has been arrested for a terrorism offence but proceedings |
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| | for the offence have not yet been started against the individual; |
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| | (b) | the individual has been charged with a terrorism offence but proceedings |
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| | have not been concluded against the individual; or |
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| | (c) | the individual has been convicted of a terrorism offence. |
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| | (3) | The second condition is that the court considers that it is necessary for purposes |
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| | connected with protecting members of the public from terrorism that financial |
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| | restrictions should be applied in relation to the individual. |
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| | (4) | For this purpose a “terrorism offence” means any one or more of the following— |
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| | (a) | an offence for the time being listed in section 41(1) of the Counter- |
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| | (b) | an offence for the time being listed in Schedule 2 of the Counter- |
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| | Terrorism Act 2008 that has a terrorist connection; or |
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| | (c) | conduct committed outside the United Kingdom which would, if carried |
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| | out in any part of the United Kingdom, have constituted an offence as |
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| | described in paragraphs (a) and (b). |
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| | (5) | For the purposes of this Part an offence has a terrorist connection if the offence— |
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| | (a) | is, or takes place in the course of, an act of terrorism, or |
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| | (b) | is committed for the purposes of terrorism.’. |
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| | Notice of application for designation |
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| To move the following Clause:— |
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| | ‘(1) | If an application under section 5 or 6 is made without the respondent being given |
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| | notice the court must either— |
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| | (a) | dismiss the application, or |
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| | (b) | adjourn the proceedings. |
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| | (2) | If the court adjourns the proceedings— |
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| | (a) | it may make an interim designation if it thinks it necessary to do so; and |
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| | (b) | the interim designation continues in effect until the full hearing of the |
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| | (3) | In this section “full hearing” means a hearing of which notice has been given to |
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| | the respondent in accordance with rules of court. |
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| | (4) | An interim designation is to be treated as a designation for the purposes of this |
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| To move the following Clause:— |
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| | ‘(1) | A designation made under section 5 (organisations) expires at the end of the |
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| | period of one year beginning with the date on which it was made, unless renewed. |
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| | (2) | A designation made under section 6 (individuals) expires— |
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| | (a) | in the case of designation of an individual arrested for a terrorism offence |
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| | where proceedings had not yet started— |
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| | (i) | at such time as the court determines; |
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| | (ii) | two weeks after the proceedings for the terrorism offence for |
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| | which the individual was arrested have started; or |
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| | (iii) | 2 months from the date the individual was arrested; |
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| | (b) | in the case of an individual who has been charged with a terrorism |
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| | offence but proceedings have not been concluded, at the conclusion or |
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| | discontinuation of the proceedings or at such earlier time as the court |
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| | (c) | in the case of an individual convicted of a terrorism offence, at such time |
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| | (3) | The court may renew a designation made under section 5 or 6 at any time before |
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| | it expires, if the requirements in section 5 and 6 continue to be met. |
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| | (4) | A renewed designation is to be treated in the same way as a designation and |
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| | expires in accordance with subsection (1) or (2). |
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| | (5) | Where a designation expires the Treasury must give written notice of that fact to |
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| | the designated individual or organisation.’. |
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| | Variation or revocation of designation |
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| To move the following Clause:— |
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| | ‘The court may vary or revoke a designation made under this Part if— |
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| | (a) | the Treasury or a designated person make an application to vary or |
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| | revoke the designation; and |
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| | (b) | the court considers it is appropriate to vary or revoke the designation.’. |
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| | Rules of court on notification |
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| To move the following Clause:— |
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| | ‘Rules of court relating to designations made under this Part must secure that the |
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| | Treasury must publicise the designation where the court considers it necessary |
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| | and appropriate to do so.’. |
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| Clause 17, page 8, line 7, leave out ‘Treasury and insert ‘court’. |
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| Clause 17, page 8, line 7, at end insert— |
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| | ‘( ) | On an application under section 2 or 6 the Treasury must submit a draft licence |
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| | to the court in respect of the designated person. |
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| | ( ) | On making a designation under section 2 or 6 the court must grant a licence in |
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| | respect of the designated person. |
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| | ( ) | In granting a licence under this section the court must be satisfied that the effect |
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| | of the licence would be to enable an individual designated under section 2 or 6 to |
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| | have access to such funds as is reasonably necessary for travel and subsistence, |
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| | including of any dependants of the designated person, and for payment of fees for |
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| | legal representation, legal advice or other legal services for the benefit of the |
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| Clause 17, page 8, line 8, leave out ‘Treasury’ and insert ‘court’. |
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| Clause 17, page 8, line 12, leave out ‘Treasury consider’ and insert ‘court |
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| Clause 20, page 9, leave out lines 21 to 24. |
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| Clause 20, page 9, line 25, leave out ‘(or (2))’. |
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| Clause 22, page 11, line 3, at end insert— |
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| | ‘(3) | A person must comply with a request under this Chapter even if doing so might |
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| | constitute evidence that the person has committed an offence. |
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| | (4) | But in criminal proceedings in which a person is charged with an offence— |
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| | (a) | no evidence relating to any answer given, or anything else done, in |
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| | response to the request may be adduced by or on behalf of the |
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| | (b) | no question relating to those matters may be asked by or on behalf of the |
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| | | unless evidence relating to those matters is adduced, or a question relating to |
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| | those matters is asked, in the proceedings by or on behalf of the person. |
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| | (5) | Sub-paragraph (4) does not apply to— |
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| | (a) | an offence under section 112 of the Social Security Administration Act |
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| | (b) | an offence under section 5 of the Perjury Act 1911 (false statements made |
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| | otherwise than on oath in England and Wales); or |
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