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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 10 — Powers to recover cash: financial investigators

97

 

(i)   

who was employed by a police authority in England

and Wales under section 15 of the Police Act 1996

(c. 16) and was under the direction and control of the

chief officer of police of the police force maintained by

the authority, or

5

(ii)   

who was a member of staff of the City of London

police force,

   

it is to be paid out of the police fund from which the expenses

of the police force are met,

(b)   

in the case of an investigator who was a member of staff of the

10

Police Service of Northern Ireland, it is to be paid out of

money provided by the Chief Constable,

(c)   

in the case of an investigator who was a member of staff of a

department of the Government of the United Kingdom, it is

to be paid by the Minister of the Crown in charge of the

15

department or by the department,

(d)   

in the case of an investigator who was a member of staff of a

Northern Ireland department, it is to be paid by the

department,

(e)   

in any other case, it is to be paid by the employer of the

20

investigator.

(7B)   

The Secretary of State may by order amend subsection (7A).”

12         

After section 303 insert—  

“303A   

Financial investigators

(1)   

In this Chapter (apart from this section) any reference in a provision

25

to an accredited financial investigator is a reference to an accredited

financial investigator who falls within a description specified in an

order made for the purposes of that provision by the Secretary of

State under section 453.

(2)   

Subsection (1) does not apply to the second reference to an accredited

30

financial investigator in section 290(4)(c).

(3)   

Where an accredited financial investigator of a particular

description—

(a)   

applies for an order under section 295,

(b)   

applies for forfeiture under section 298, or

35

(c)   

brings an appeal under, or relating to, this Chapter,

   

any subsequent step in the application or appeal, or any further

application or appeal relating to the same matter, may be taken,

made or brought by a different accredited financial investigator of

the same description.”

40

Other amendments to 2002 Act

13         

In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of

information by the Director of the Assets Recovery Agency) before “or”

insert “, an accredited financial investigator”.

14    (1)  

Section 459 of that Act (orders and regulations) is amended as follows.

45

 

 

Serious Crime Bill [HL]
Schedule 11 — Revenue and Customs: regulation of investigatory powers

98

 

      (2)  

In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert

“302(7B),”.

      (3)  

In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),”

insert “302(7B),”.

      (4)  

After subsection (6) insert—

5

“(6A)   

If a draft of an order under section 302(7B) would, apart from this

subsection, be treated as a hybrid instrument for the purposes of the

standing orders of either House of Parliament, it shall proceed in that

House as if it were not a hybrid instrument.”

Amendments to other enactments

10

15         

In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act

2005 (c. 11) (confidentiality) (as inserted by Schedule 7) after “Customs”

insert “, an accredited financial investigator”.

16         

In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005

(c. 15) (disclosure of information by SOCA) (as inserted by Schedule 7) after

15

“Customs” insert “, an accredited financial investigator”.

Schedule 11

Section 75

 

Revenue and Customs: regulation of investigatory powers

Police Act 1997 (c. 50)

1          

In section 93 of the Police Act 1997 (authorisations to interfere with property,

20

&c.)—

(a)   

in subsection (1B) for “customs officer” substitute “an officer of

Revenue and Customs”;

(b)   

in subsection (3)(d) for “a customs officer” substitute “an officer of

Revenue and Customs”; and

25

(c)   

for subsection (5)(h) substitute—

“(h)   

an officer of Revenue and Customs designated for the

purposes of this paragraph by the Commissioners for

Her Majesty’s Revenue and Customs;”.

2          

In section 94(2)(f) of that Act (urgency) for “by a customs officer designated

30

by the Commissioners of Customs and Excise” substitute “by an officer of

Revenue and Customs designated by the Commissioners for Her Majesty’s

Revenue and Customs”.

3          

In section 107(4)(c) of that Act (supplementary) for “the Commissioners of

Customs and Excise.” substitute “the Commissioners for Her Majesty’s

35

Revenue and Customs.”

4          

In section 108(1) of that Act (interpretation) omit the definition of “customs

officer”.

Regulation of Investigatory Powers Act 2000 (c. 23)

5          

The Regulation of Investigatory Powers Act 2000 is amended as follows.

40

 

 

Serious Crime Bill [HL]
Schedule 11 — Revenue and Customs: regulation of investigatory powers

99

 

6          

In section 6(2)(h) (application for issue of interception warrant) for “the

Commissioners of Customs and Excise” substitute “the Commissioners for

Her Majesty’s Revenue and Customs”.

7          

In section 21(5)(c) (acquisition of data, &c.) for “customs officers).” substitute

“officers of Revenue and Customs).”

5

8          

In the definition of “relevant public authority” in section 25(1)

(communications data: interpretation) for paragraphs (d) and (e)

substitute—

“(d)   

Her Majesty’s Revenue and Customs;”.

9          

In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).”

10

substitute “officers of Revenue and Customs).”

10         

For section 32(6)(m) (authorisation of intrusive surveillance) substitute—

“(m)   

an officer of Revenue and Customs designated for the

purposes of this paragraph by the Commissioners for Her

Majesty’s Revenue and Customs;”.

15

11         

In section 33 (surveillance: authorisation)—

(a)   

for subsection (2) substitute—

“(2)   

A person who is a designated person for the purposes of

section 28 or 29 by reference to office, rank or position in Her

Majesty’s Revenue and Customs shall not grant an

20

authorisation under that section except on an application

made by an officer of Revenue and Customs.”;

(b)   

for subsection (4) substitute—

“(4)   

A person who is a senior authorising officer by virtue of a

designation by the Commissioners for Her Majesty’s

25

Revenue and Customs shall not grant an authorisation for the

carrying out of intrusive surveillance except on an

application made by an officer of Revenue and Customs.”;

and

(c)   

in subsection (5)(a) for “a customs officer” substitute “an officer of

30

Revenue and Customs”;

           

(and in the italic cross-heading before section 33 for “customs” substitute

“Revenue and Customs”).

12         

In section 34 (grant of authorisation in senior officer’s absence)—

(a)   

in subsection (1) for “a customs officer;” substitute “an officer of

35

Revenue and Customs;”;

(b)   

in subsection (2)(a) for “the Commissioners of Customs and Excise,”

substitute “the Commissioners for Her Majesty’s Revenue and

Customs,”; and

(c)   

in subsection (4)(l) for “the Commissioners of Customs and Excise,”

40

substitute “the Commissioners for Her Majesty’s Revenue and

Customs,”.

13         

In section 35 (intrusive surveillance authorisation: notification)—

(a)   

in subsection (1) for “customs” substitute “Revenue and Customs”;

(b)   

in subsection (10) for “customs” substitute “Revenue and Customs”;

45

and

 

 

Serious Crime Bill [HL]
Schedule 11 — Revenue and Customs: regulation of investigatory powers

100

 

(c)   

in subsection (10)(b) for “the Commissioners of Customs and

Excise;” substitute “the Commissioners for Her Majesty’s Revenue

and Customs;”.

14         

In section 36 (approval required for authorisation of intrusive surveillance

to take effect)—

5

(a)   

for subsection (1)(d) substitute—

“(d)   

an officer of Revenue and Customs;”; and

(b)   

for subsection (6)(g) substitute—

“(g)   

where the authorisation was granted by an officer of

Revenue and Customs, the officer of Revenue and

10

Customs for the time being designated for the

purposes of this paragraph by a written notice given

to the Chief Surveillance Commissioner by the

Commissioners for Her Majesty’s Revenue and

Customs;”.

15

15         

For section 37(1)(d) (quashing authorisations) substitute—

“(d)   

an officer of Revenue and Customs;”

           

(and in the heading to that section for “customs” substitute “Revenue and

Customs”).

16         

For section 40(d) (information) substitute—

20

“(d)   

every officer of Revenue and Customs,”.

17         

In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—

“(e)   

the Commissioners for Her Majesty’s Revenue and

Customs;”.

18         

In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute

25

“officers of Revenue and Customs).”

19         

In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs

and excise” substitute (in each place) “Her Majesty’s Revenue and

Customs”.

20         

In section 51 (cases where key required)—

30

(a)   

for “the customs and excise” (in each place) substitute “Her Majesty’s

Revenue and Customs”; and

(b)   

for “the Commissioners of Customs and Excise” (in each place)

substitute “the Commissioners for Her Majesty’s Revenue and

Customs”.

35

21         

In section 54(3) (secrecy) for “the customs and excise” substitute (in each

place) “Her Majesty’s Revenue and Customs”.

22         

For section 55(1)(c) (general duty in relation to encrypted data) substitute—

“(c)   

the Commissioners for Her Majesty’s Revenue and

Customs;”.

40

23         

In section 56(1) (interpretation) omit the definition of “the customs and

excise”.

24         

For section 65(6)(f) (the Tribunal) substitute—

“(f)   

the Commissioners for Her Majesty’s Revenue and

Customs;”.

45

 

 

Serious Crime Bill [HL]
Schedule 12 — Transitional and transitory provisions and savings

101

 

25         

In section 71(2)(c) (codes of practice) for “customs and excise” substitute

“Her Majesty’s Revenue and Customs”.

26         

In section 76A(11) (foreign surveillance operations) for paragraph (d) of the

definition of “United Kingdom officer” substitute—

“(d)   

an officer of Revenue and Customs.”

5

27         

In section 81(1) (interpretation) omit the definition of “customs officer”.

28         

In Schedule 1 (surveillance authorisation: relevant authorities) for

paragraphs 7 and 8 substitute—

“Revenue and Customs

7          

Her Majesty’s Revenue and Customs.”

10

29    (1)  

In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data:

disclosure: permission) for “customs and excise” or “the customs and excise”

(in each place) substitute “Her Majesty’s Revenue and Customs”.

      (2)  

In paragraph 6(4) of that Schedule—

(a)   

for “A person commissioned by the Commissioners of Customs and

15

Excise” substitute “An officer of Revenue and Customs”;

(b)   

for “those Commissioners themselves” substitute “the

Commissioners for Her Majesty’s Revenue and Customs”;

(c)   

for “their department” substitute “Revenue and Customs”; and

(d)   

for “they” substitute “the Commissioners”.

20

Commissioners for Revenue and Customs Act 2005 (c. 11)

30         

The following paragraphs of Schedule 2 to the Commissioners for Revenue

and Customs Act 2005 (which restrict the class of functions in connection

with which certain powers may be used) shall cease to have effect—

(a)   

paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and

25

(b)   

paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss.

6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).

31         

Nothing in section 6 or 7 of the Commissioners for Revenue and Customs

Act 2005 (initial functions) restricts the functions in connection with which

Her Majesty’s Revenue and Customs may exercise a power under an

30

enactment amended by this Schedule.

Schedule 12

Section 78(1)

 

Transitional and transitory provisions and savings

Serious crime prevention orders

1          

In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a

35

person has been involved in serious crime, the court may take account of

conduct before the coming into force of that provision as well as conduct

after the coming into force of that provision.

 

 

Serious Crime Bill [HL]
Schedule 12 — Transitional and transitory provisions and savings

102

 

2     (1)  

Section 19, 20 or 21 does not apply to a person who is being dealt with on or

after the coming into force of the section in relation to an offence of which

the person was convicted before the coming into force of the section.

      (2)  

Sub-paragraph (1) does not prevent an application to the High Court for a

serious crime prevention order in connection with the offence concerned.

5

3          

In the application of section 23(2) before the commencement of paragraph

1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4)

(citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54)

is to be read as a reference to the Supreme Court Act 1981 (c. 54).

4          

In the application of section 25(2)(a)—

10

(a)   

in England and Wales, in relation to an offence committed before the

commencement of section 282(1) of the Criminal Justice Act 2003

(c. 44) (increase in sentencing powers of magistrates’ court from 6 to

12 months for certain offences triable either way); and

(b)   

in Scotland, until the commencement of section 45(1) of the Criminal

15

Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in

sentencing powers from 6 to 12 months);

           

the reference to 12 months is to be read as a reference to 6 months.

Encouraging or assisting crime

5     (1)  

Nothing in any provision of Part 2 affects the operation of—

20

(a)   

any rule of the common law; or

(b)   

any provision made by or under an Act or Northern Ireland

legislation;

           

in relation to offences committed wholly or partly before the

commencement of the provision in Part 2 concerned.

25

      (2)  

For the purposes of sub-paragraph (1), an offence is partly committed before

commencement if—

(a)   

a relevant event occurs before commencement; and

(b)   

another relevant event occurs on or after commencement.

      (3)  

In this paragraph “relevant event”, in relation to an offence, means any act

30

or other event (including any consequence of an act) proof of which is

required for conviction of the offence.

6          

In relation to any time before the coming into force of section 27(1) of the

Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 49(b) to

the Advocate General for Northern Ireland is to be read as a reference to the

35

Attorney General for Northern Ireland.

Data-sharing

7          

In the application of section 63(1)(a)—

(a)   

in England and Wales, in relation to an offence committed before the

commencement of section 282(1) of the Criminal Justice Act 2003

40

(increase in sentencing powers of magistrates’ court from 6 to 12

months for certain offences triable either way); and

(b)   

in Scotland, until the commencement of section 45(1) of the Criminal

Proceedings etc. (Reform) (Scotland) Act 2007 (increase in sentencing

powers from 6 to 12 months);

45

 

 

Serious Crime Bill [HL]
Schedule 13 — Repeals and revocations

103

 

           

the reference to 12 months is to be read as a reference to 6 months.

Data matching

8          

In relation to an offence committed before the commencement of section

282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers

of magistrates’ court from 6 to 12 months for certain offences triable either

5

way), the reference to 12 months in section 32D(8)(b) of the Audit

Commission Act 1998 (c. 18) (as inserted by paragraph 2 of Schedule 6 to this

Act) is to be read as a reference to 6 months.

Schedule 13

Section 79

 

Repeals and revocations

10

 

Title

Extent of repeal or revocation

 
 

Parliamentary Commissioner

In Schedule 2—

 
 

Act 1967 (c. 13)

(a)   

the entry for “The Director of the Assets

 
  

Recovery Agency.”;

 
  

(b)   

the paragraph in the Notes headed

 

15

  

“Assets Recovery Agency”.

 
 

Criminal Appeal Act 1968

Section 33(1A).

 
 

(c. 19)

  
 

Criminal Law Act 1977 (c. 45)

Section 5(7).

 
 

Criminal Appeal (Northern

In section 31—

 

20

 

Ireland) Act 1980 (c. 47)

(a)   

subsection (1A);

 
  

(b)   

in subsection (3), the words “, subject to

 
  

subsection (1A) above,”.

 
 

Legal Aid, Advice and

In paragraph 2A(1)(a) of Part 1 of Schedule 1,

 
 

Assistance (Northern

the words “or 204(3)”.

 

25

 

Ireland) Order 1981 (S.I.

  
 

1981/228 (N.I.8))

  
 

Criminal Attempts and

Article 13(8).

 
 

Conspiracy (Northern

  
 

Ireland) Order 1983 (S.I.

  

30

 

1983/1120 (N.I.13))

  
 

Bankruptcy (Scotland) Act 1985

In section 31A(1)(b), the word “52,”.

 
 

(c. 66)

  
 

Insolvency Act 1986 (c. 45)

In section 306A(1)(b), the word “52,”.

 
 

Insolvency (Northern Ireland)

In Article 279A(1)(b), the word “52,”.

 

35

 

Order 1989 (S.I. 1989/2405

  
 

(N.I.19))

  
 

Computer Misuse Act 1990

Section 6(3).

 
 

(c. 18)

Section 7(4).

 
  

In section 8(3), the words “or by virtue of section

 

40

  

7(4) above”.

 
  

Section 9(2)(d).

 
 

 

 
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