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| | Terrorist Asset-Freezing etc. Bill [Lords]
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| | | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | | (a) | at 4.00 pm on Tuesday 23 November; |
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| | | (b) | at 9.00 am and 1.00 pm on Thursday 25 November; |
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| | | (2) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | | conclusion at 4.00 pm on Thursday 25 November. |
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| | | That, subject to the discretion of the Chair, any written evidence received by the |
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| | | Committee shall be reported to the House for publication. |
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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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| | Clause 2, page 2, line 1, after ‘believe’, insert ‘on the balance of probabilities’. |
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| | Page 1, line 14, leave out Clause 2. |
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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 3, page 2, line 28, leave out ‘take steps to’. |
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| | Clause 3, page 2, line 32, leave out ‘the Treasury believe that’. |
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| | Clause 3, page 2, line 40, leave out subsection (4). |
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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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| | Clause 5, page 3, line 22, at end insert— |
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| | | ‘(c) | publicise the revocation.’. |
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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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| | Clause 7, page 4, line 4, leave out ‘take steps to’. |
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| | Clause 7, page 4, line 15, leave out sub-paragraph (iii). |
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| | Page 4, line 1, leave out Clause 7. |
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| | Clause 8, page 4, line 23, leave out ‘30’ and insert ‘28’. |
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| | Clause 8, page 4, line 30, at end insert— |
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| | | ‘(c) | publicise the expiration.’. |
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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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| | | Clauses 11 to 16 Agreed to. |
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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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| | | Clauses 18 and 19 Agreed to. |
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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 add— |
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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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| | | (c) | an offence under section 44(2) of the Criminal Law (Consolidation) |
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| | | (Scotland) Act 1995 (corresponding provision for Scotland).’. |
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| | | Clauses 23 and 24 Agreed to. |
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| | Clause 25, page 12, leave out lines 7 and 8. |
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| | Page 12, line 28, leave out Clause 26. |
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| | Page 13, line 1, leave out Clause 27. |
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| | Clause 28, page 13, leave out lines 17 to 19 and insert— |
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| | | ‘(i) | on an application under sections 2, 5 or 6 of the Terrorist |
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| | | Asset-Freezing etc. Act 2010 (courts’s designation of |
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| | | organisations or individuals), or’. |
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| | Clause 28, page 13, line 21, leave out ‘appeal or’. |
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| | Clause 28, page 13, leave out lines 25 to 27 and insert— |
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| | | ‘(i) | on an application under sections 2, 5 or 6 of the Terrorist |
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| | | Asset-Freezing etc. Act 2010 (courts’s designation of |
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| | | organisations or individuals), or’. |
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| | Clause 28, page 13, line 29, leave out ‘appeal or’. |
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| | Clause 28, page 13, leave out lines 33 to 41. |
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| | Clause 28, page 13, line 41, at end add— |
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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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| | Page 14, line 1, leave out Clause 29. |
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| | Clause 30, page 15, line 18, leave out ‘on them’. |
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