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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Part 4 — General and final provisions

43

 

78      

Transitional and transitory provisions and savings

(1)   

Schedule 12 (transitional and transitory provisions and savings) has effect.

(2)   

The Secretary of State may by order make such transitional, transitory or

saving provision as he considers appropriate in connection with the coming

into force of any provision of this Act (other than the provisions specified in

5

section 81(4)).

(3)   

The Scottish Ministers may by order make such transitional, transitory or

saving provision as they consider appropriate in connection with the coming

into force of the provisions of this Act specified in section 81(4).

79      

Repeals and revocations

10

Schedule 13 (which contains repeals and revocations) has effect.

Final

80      

Extent

(1)   

The following provisions extend to England and Wales only—

(a)   

section 65 and Schedule 6; and

15

(b)   

section 70(1) and (2).

(2)   

The following provisions extend to England and Wales and Northern Ireland

only—

(a)   

Part 1 (including Schedules 1 and 2) but excluding sections 25 to 28 (and

any provision of that Part so far as relating to those sections);

20

(b)   

Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 5) but

excluding section 55 and Part 2 of Schedule 5;

(c)   

section 67(2) and (3);

(d)   

section 68(1) to (3);

(e)   

section 72; and

25

(f)   

section 73(2).

(3)   

The following provisions extend to Scotland only—

(a)   

section 61(5) and (6);

(b)   

section 62(3);

(c)   

section 67(4) and (5);

30

(d)   

section 68(4) to (6); and

(e)   

section 74.

(4)   

Section 70(3) and (4) extend to Northern Ireland only.

(5)   

Section 55 and Part 2 of Schedule 5 do not extend to Scotland but, subject to

this, any provision of that section or Part (and any corresponding entry in

35

Schedule 13) has the same extent as the enactment amended, repealed or

revoked by it.

(6)   

Any amendment, repeal or revocation by Schedule 7, 9 or 13 of an enactment

has (subject to subsection (5)) the same extent as the enactment amended,

repealed or revoked.

40

 
 

Serious Crime Bill [HL]
Part 4 — General and final provisions

44

 

(7)   

Subject as above, this Act extends to England and Wales, Scotland and

Northern Ireland.

81      

Commencement

(1)   

The preceding provisions of this Act (other than sections 76, 77, 78(2) and (3)

and 80 and the provisions specified in subsection (4)) come into force on such

5

day as the Secretary of State may by order appoint; and different days may be

appointed for different purposes.

(2)   

The Secretary of State must consult the Scottish Ministers before making an

order under subsection (1) in relation to—

(a)   

section 67(1);

10

(b)   

paragraph 2 of Schedule 9; or

(c)   

paragraph 24 of that Schedule.

(3)   

The provisions of this Act specified in subsection (4) come into force on such

day as the Scottish Ministers may by order appoint; and different days may be

appointed for different purposes.

15

(4)   

Those provisions are—

(a)   

section 67(4) and (5);

(b)   

section 68(4) to (6);

(c)   

section 74;

(d)   

paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25

20

of Schedule 9; and

(e)   

so far as relating to the provisions falling within paragraph (d) above,

paragraph 1 of that Schedule and section 69.

82      

Short title

This Act may be cited as the Serious Crime Act 2007.

25

 
 

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales

45

 

Schedules

Schedule 1

Sections 2 and 3

 

Serious offences

Part 1

Serious offences in England and Wales

5

Drug trafficking

1     (1)  

An offence under any of the following provisions of the Misuse of Drugs Act

1971 (c. 38)—

(a)   

section 4(2) or (3) (unlawful production or supply of controlled

drugs);

10

(b)   

section 5(3) (possession of controlled drug with intent to supply);

(c)   

section 8 (permitting etc. certain activities relating to controlled

drugs);

(d)   

section 20 (assisting in or inducing the commission outside the

United Kingdom of an offence punishable under a corresponding

15

law).

      (2)  

An offence under any of the following provisions of the Customs and Excise

Management Act 1979 (c. 2) if it is committed in connection with a

prohibition or restriction on importation or exportation which has effect by

virtue of section 3 of the Misuse of Drugs Act 1971

20

(a)   

section 50(2) or (3) (improper importation of goods);

(b)   

section 68(2) (exportation of prohibited or restricted goods);

(c)   

section 170 (fraudulent evasion of duty etc.).

      (3)  

An offence under either of the following provisions of the Criminal Justice

(International Co-operation) Act 1990 (c. 5)—

25

(a)   

section 12 (manufacture or supply of a substance for the time being

specified in Schedule 2 to that Act);

(b)   

section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking

2     (1)  

An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)

30

(assisting unlawful immigration etc.).

      (2)  

An offence under any of sections 57 to 59 of the Sexual Offences Act 2003

(c. 42) (trafficking for sexual exploitation).

      (3)  

An offence under section 4 of the Asylum and Immigration (Treatment of

Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

35

 

 

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales

46

 

Arms trafficking

3     (1)  

An offence under either of the following provisions of the Customs and

Excise Management Act 1979 (c. 2) if it is committed in connection with a

firearm or ammunition—

(a)   

section 68(2) (exportation of prohibited or restricted goods);

5

(b)   

section 170 (fraudulent evasion of duty etc.).

      (2)  

An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in

firearms or ammunition by way of trade or business without being

registered).

      (3)  

In this paragraph “firearm” and “ammunition” have the same meanings as

10

in section 57 of the Firearms Act 1968.

Prostitution and child sex

4     (1)  

An offence under section 33A of the Sexual Offences Act 1956 (c. 69)

(keeping a brothel used for prostitution).

      (2)  

An offence under any of the following provisions of the Sexual Offences Act

15

2003 (c. 42)—

(a)   

section 14 (arranging or facilitating commission of a child sex

offence);

(b)   

section 48 (causing or inciting child prostitution or pornography);

(c)   

section 49 (controlling a child prostitute or a child involved in

20

pornography);

(d)   

section 50 (arranging or facilitating child prostitution or

pornography);

(e)   

section 52 (causing or inciting prostitution for gain);

(f)   

section 53 (controlling prostitution for gain).

25

Money laundering

5          

An offence under either of the following provisions of the Proceeds of Crime

Act 2002 (c. 29)—

(a)   

section 327 (concealing etc. criminal property);

(b)   

section 328 (facilitating the acquisition etc. of criminal property by or

30

on behalf of another).

Fraud

6     (1)  

An offence under any of the following provisions of the Fraud Act 2006

(c. 35)—

(a)   

section 1 (fraud by false representation, failing to disclose

35

information or abuse of position);

(b)   

section 6 (possession etc. of articles for use in frauds);

(c)   

section 7 (making or supplying articles for use in frauds);

(d)   

section 9 (participating in fraudulent business carried on by sole

trader etc.);

40

(e)   

section 11 (obtaining services dishonestly).

      (2)  

An offence at common law of conspiracy to defraud.

 

 

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales

47

 

Corruption and bribery

7     (1)  

An offence under section 1 of the Public Bodies Corrupt Practices Act 1889

(c. 69) (corruption in public office).

      (2)  

An offence which is the first or second offence under section 1(1) of the

Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents

5

other than those of giving or using false etc. documents which intended to

mislead principal).

      (3)  

An offence at common law of bribery.

Counterfeiting

8          

An offence under any of the following provisions of the Forgery and

10

Counterfeiting Act 1981 (c. 45)—

(a)   

section 14 (making counterfeit notes or coins);

(b)   

section 15 (passing etc. counterfeit notes or coins);

(c)   

section 16 (having custody or control of counterfeit notes or coins);

(d)   

section 17 (making or having custody or control of counterfeiting

15

materials or implements).

Blackmail

9     (1)  

An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).

      (2)  

An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act

2004 (c. 11) (acting as a gangmaster other than under the authority of a

20

licence, possession of false documents, etc.).

Intellectual property

10    (1)  

An offence under any of the following provisions of the Copyright, Designs

and Patents Act 1988 (c. 48)—

(a)   

section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing

25

an article which infringes copyright);

(b)   

section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an

illicit recording);

(c)   

section 297A (making or dealing etc. in unauthorised decoders).

      (2)  

An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26)

30

(unauthorised use of trade mark etc.).

Environment

11    (1)  

An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975

(c. 51) (fishing for salmon, trout or freshwater fish with prohibited

implements etc.).

35

      (2)  

An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69)

(introduction of new species etc.).

      (3)  

An offence under section 33 of the Environmental Protection Act 1990 (c. 43)

(prohibition on unauthorised or harmful deposit, treatment or disposal etc.

of waste).

40

 

 

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland

48

 

      (4)  

An offence under regulation 8 of the Control of Trade in Endangered Species

(Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of

endangered species and provision of false statements and certificates).

Inchoate offences

12    (1)  

An offence of attempting or conspiring the commission of an offence

5

specified or described in this Part of this Schedule.

      (2)  

An offence under Part 2 of this Act (encouraging or assisting) where the

offence (or one of the offences) which the person in question intends or

believes would be committed is an offence specified or described in this Part

of this Schedule.

10

      (3)  

An offence of aiding, abetting, counselling or procuring the commission of

an offence specified or described in this Part of this Schedule.

      (4)  

The references in sub-paragraphs (1) to (3) to offences specified or described

in this Part of this Schedule do not include the offence at common law of

conspiracy to defraud.

15

Earlier offences

13    (1)  

This Part of this Schedule (apart from paragraph 12(2)) has effect, in its

application to conduct before the passing of this Act, as if the offences

specified or described in this Part included any corresponding offences

under the law in force at the time of the conduct.

20

      (2)  

Paragraph 12(2) has effect, in its application to conduct before the passing of

this Act or before the coming into force of section 54 of this Act, as if the

offence specified or described in that provision were an offence of inciting

the commission of an offence specified or described in this Part of this

Schedule.

25

Scope of offences

14         

Where this Part of this Schedule refers to offences which are offences under

the law of England and Wales and another country, the reference is to be

read as limited to the offences so far as they are offences under the law of

England and Wales.

30

Part 2

Serious offences in Northern Ireland

Drug trafficking

15    (1)  

An offence under any of the following provisions of the Misuse of Drugs Act

1971 (c. 38)—

35

(a)   

section 4(2) or (3) (unlawful production or supply of controlled

drugs);

(b)   

section 5(3) (possession of controlled drug with intent to supply);

(c)   

section 8 (permitting etc. certain activities relating to controlled

drugs);

40

 

 

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland

49

 

(d)   

section 20 (assisting in or inducing the commission outside the

United Kingdom of an offence punishable under a corresponding

law).

      (2)  

An offence under any of the following provisions of the Customs and Excise

Management Act 1979 (c. 2) if it is committed in connection with a

5

prohibition or restriction on importation or exportation which has effect by

virtue of section 3 of the Misuse of Drugs Act 1971 (c. 38)—

(a)   

section 50(2) or (3) (improper importation of goods);

(b)   

section 68(2) (exportation of prohibited or restricted goods);

(c)   

section 170 (fraudulent evasion of duty etc.).

10

      (3)  

An offence under either of the following provisions of the Criminal Justice

(International Co-operation) Act 1990 (c. 5)—

(a)   

section 12 (manufacture or supply of a substance for the time being

specified in Schedule 2 to that Act);

(b)   

section 19 (using a ship for illicit traffic in controlled drugs).

15

People trafficking

16    (1)  

An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)

(assisting unlawful immigration etc.).

      (2)  

An offence under any of sections 57 to 59 of the Sexual Offences Act 2003

(c. 42) (trafficking for sexual exploitation).

20

      (3)  

An offence under section 4 of the Asylum and Immigration (Treatment of

Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Arms trafficking

17    (1)  

An offence under either of the following provisions of the Customs and

Excise Management Act 1979 if it is committed in connection with a firearm

25

or ammunition—

(a)   

section 68(2) (exportation of prohibited or restricted goods);

(b)   

section 170 (fraudulent evasion of duty etc.).

      (2)  

An offence under Article 24 of the Firearms (Northern Ireland) Order 2004

(S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of

30

trade or business without being registered).

      (3)  

In this paragraph “firearm” and “ammunition” have the same meanings as

in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Prostitution and child sex

18    (1)  

An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c.

35

69) (keeping a brothel used for prostitution).

      (2)  

An offence under any of the following provisions of the Sexual Offences Act

2003

(a)   

section 48 (causing or inciting child prostitution or pornography);

(b)   

section 49 (controlling a child prostitute or a child involved in

40

pornography);

(c)   

section 50 (arranging or facilitating child prostitution or

pornography);

 

 

 
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