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Serious Crime Bill [HL]


FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 8th February 2007, as follows—

Schedule 6
Clause 66
Schedules 7 and 8
Clauses 67 to 69
Schedule 9
Clauses 70 and 71
Schedule 10
Clauses 72 to 75
Schedule 11
Clauses 76 to 78
Schedule 12
Clause 79
Schedule 13
Clauses 80 to 82

[Amendments marked * are new or have been altered]

Amendment
No.

 

Schedule 6

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLOKIA
LORD BURNETT

115Page 68, leave out lines 12 to 21
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

116Page 68, line 16, at end insert—
    "(   )      Any further purposes added by the Secretary of State under subsection (1)(a) must be limited to the prevention and detection of serious offences, as defined by Schedule 1 to the Serious Crime Act 2007."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

116APage 68, line 18, leave out "prevention and detection of" and insert "detection of actual or attempted"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

117Page 68, leave out lines 22 to 26
 

Clause 66

 

LORD GLENTORAN
BARONESS HARRIS OF RICHMOND
VISCOUNT BRIDGEMAN

118Page 36, line 38, at beginning insert "Subject to subsection (3A),"
119Page 36, line 40, at end insert—
"(3A)  The Director General of SOCA shall locate within Northern Ireland a unit of SOCA with responsibility for asset recovery work in Northern Ireland."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

120Page 36, line 40, at end insert—
"(   )  SOCA shall, on an annual basis, lay before Parliament a report detailing the activities it has undertaken as a result of the functions conferred on it by this section which shall include—
(a)  information on the sums of assets recovered;
(b)  information detailing from whom assets were recovered; and
(c)  information on the costs incurred in recovering assets."
 

Schedule 7

 

BARONESS SCOTLAND OF ASTHAL

120APage 74, line 14, at end insert—
 "68A      In section 417(2) (insolvency etc: modifications of the 1986 Act)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
 68B   (1)   Section 418 (restriction of powers) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
(3)      In subsection (3)(d) for ", 52, 198 or 200" substitute "or 198".
 68C      In section 419(2)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68D      In section 420(2) (modifications of the 1985 Act)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
 68E   (1)   Section 421 (restriction of powers) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
(3)      In subsection (3)(d) for ", 52, 198 or 200" substitute "or 198".
 68F      In section 422(2)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68G      In section 423(2) (modifications of the 1989 Order)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
 68H   (1)   Section 424 (restriction of powers) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
(3)      In subsection (3)(d) for ", 52, 198 or 200" substitute "or 198".
 68I      In section 425(2)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68J   (1)   Section 426 (winding up under the 1986 Act) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
(3)      In subsection (5)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
 68K      In section 427(3)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68L   (1)   Section 428 (winding up under the 1989 Order) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
(3)      In subsection (5)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
 68M      In section 429(3)(b) (tainted gifts)—
(a)  omit "52,"; and
(b)  for ", 198 or 200" substitute "or 198".
 68N   (1)   Section 430 (floating charges) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (b) omit "or 52"; and
(b)  in paragraph (d) omit "or 200".
(3)      In subsection (5)—
(a)  in paragraph (a) for ", 50 or 52" substitute "or 50"; and
(b)  in paragraph (c) for ", 198 or 200" substitute "or 198".
 68O      In section 432(7) (insolvency practitioners)—
(a)  in paragraph (a) for ", 55(3), 56(2) or 57(3)" substitute "or 55(3)"; and
(b)  in paragraph (c) for ", 203(3), 204(2) or 205(3)" substitute "or 203(3)"."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

121Page 80, line 33, at end insert—
    "(8)      Any guidance issued or changes to guidance made under this section must be published and laid before both Houses of Parliament."
 

Schedule 10

 

BARONESS SCOTLAND OF ASTHAL

121APage 95, leave out lines 32 to 35
121BPage 95, line 37, leave out "another" and insert "a"
 

Clause 75

 

BARONESS NOAKES
BARONESS ANELAY OF ST JOHNS

122Page 42, line 4, leave out "regulation of"
123Page 42, line 5, at end insert—
"(2)  The Secretary of State may by order make arrangements for the effective public scrutiny of the use by Her Majesty's Revenue and Customs of the powers contained in Schedule 11.
(3)  Schedule 11 shall not be brought into effect until the arrangements mentioned in subsection (2) have been put in place.
(4)  An order made under subsection (2) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
124Page 42, line 5, at end insert—
"(   )  The Commissioners of Her Majesty's Revenue and Customs may delegate the exercise of the powers contained in Schedule 11 only to named officers who are considered by the Commissioners to have the appropriate seniority and skills and whose functions include the investigation and prosecution of serious crime."
 

After Clause 75

 

LORD MARLESFORD
BARONESS ANELAY OF ST JOHNS
LORD RAMSBOTHAM
LORD DHOLAKIA

125Insert the following new Clause—
"CHAPTER 4
 Other measures to disrupt serious crime
  Power to search for firearms
  If a police constable has reason to believe that a person or persons in a particular area may be carrying firearms, he may arrange—
(a)  for that area to be sealed off; and
(b)  for the searching for firearms of any people or vehicles in that particular area, by whatever means he considers appropriate."
 

Schedule 11

 

BARONESS NOAKES
BARONESS ANELAY OF ST JOHNS

126Page 97, line 24, leave out paragraphs 5 to 31
127Page 97, line 24, at end insert—
      "The following amendments shall have effect only for the purpose of tackling serious crime and not for any other purpose notwithstanding any provision of the Regulation of Investigatory Powers Act 2000."
 

After Schedule 11

 

LORD LLOYD OF BERWICK
LORD HENLEY

128Insert the following new Schedule—
 

"INTERCEPT EVIDENCE

 

Admissibility of intercept and metering evidence

 1   (1)   Notwithstanding section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23) ("RIPA"), evidence of—
(a)  the contents of an intercepted communication ("intercept evidence"), and
(b)  communications data ("metering evidence"),
  shall be admissible in criminal proceedings to which this paragraph applies.
(2)      This paragraph applies to—
(a)  proceedings in respect of serious crime;
(b)  proceedings in respect of an offence or offences relating to terrorism.
(3)      An application for permission to introduce intercept evidence or metering evidence, or both, may be made by the prosecution for the purpose of conducting a criminal prosecution to which this paragraph applies, and not otherwise.
(4)      Unless and until an application has been made by the prosecution in any such proceedings the provisions of section 17 of RIPA (exclusion of matters from legal proceedings) shall continue to apply in connection with those proceedings.
 

Considerations for allowing intercept or metering evidence

 2      In deciding whether to admit intercept or metering evidence the court shall take account of all relevant considerations, including in particular—
(a)  any application by the Secretary of State to withhold the evidence or part of the evidence on the ground that its disclosure, or the disclosure of facts relating to the obtaining of the evidence, would be contrary to the public interest, and
(b)  any submission that the evidence was obtained unlawfully.
 

Interpretation

 3      In this Schedule—
     "communications data" has the same meaning as in section 21(4) of RIPA;
     "intercepted communication" has the same meaning as in section 4 of RIPA;
     "RIPA" means the Regulation of Investigatory Powers Act 2000 (c. 23);
     "serious crime" has the same meaning as in section 81(2)(b) of RIPA;
     "terrorism" has the same meaning as in the Terrorism Act 2000 (c. 11).
 

Minor and consequential amendments

 4   (1)   In section 5(3)(b) of RIPA, for the words "or detecting" substitute ", detecting or prosecuting".
(2)      In section 17(1) of RIPA, after the words "Subject to section 18" insert "and the provisions of Schedule 1 to the Serious Crime Act 2007"."
 

Clause 76

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

129Page 42, line 18, leave out "4(4),"
 

BARONESS SCOTLAND OF ASTHAL

129APage 42, line 18, after "56(3)" insert ", 62"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

130Page 42, line 26, leave out "7,"
131Page 42, line 26, leave out first "or (11)"
132Page 42, line 26, leave out second "or (11)"
 

BARONESS SCOTLAND OF ASTHAL

132APage 42, line 26, leave out ", 61 or 62" and insert "or 61"
 

Schedule 13

 

BARONESS SCOTLAND OF ASTHAL

133Page 106, line 43, column 2, at end insert—
  "In section 417(2)—      (a)   in paragraph (b), the words "or 52";      (b)   in paragraph (d), the words "or 200".
  In section 419(2)(b), the word "52,".
  In section 420(2)—      (a)   in paragraph (b), the words "or 52";      (b)   in paragraph (d), the words "or 200".
  In section 422(2)(b), the word "52,".
  In section 423(2)—      (a)   in paragraph (b), the words "or 52";      (b)   in paragraph (d), the words "or 200".
  In section 425(2)(b), the word "52,".
  In section 426(2)—      (a)   in paragraph (b), the words "or 52";      (b)   in paragraph (d), the words "or 200".
  In section 427(3)(b), the word "52,".
  In section 428(2)—      (a)   in paragraph (b), the words "or 52";      (b)   in paragraph (d), the words "or 200".
  In section 429(3)(b), the word "52,".
  In section 430(2)—      (a)   in paragraph (b), the words "or 52";      (b)   in paragraph (d), the words "or 200"."

 
 
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27 March 2007