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Repeal sections 132 to 138 of the Serious Organised Crime and Police Act 2005; |
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to make provision relating to the Attorney General; to make provision relating |
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to the ratification of treaties and to participation in armed conflict by the |
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United Kingdom; to make provision relating to the civil service; to make |
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provision relating to parliamentary general elections; to make provision |
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relating to the conduct of members of Parliament; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Demonstrations in the vicinity of Parliament |
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1 | Repeal of sections 132 to 138 of Serious Organised Crime and Police Act 2005 |
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(1) | Omit sections 132 to 138 of the Serious Organised Crime and Police Act 2005 |
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(c. 15) (which regulate demonstrations in the vicinity of Parliament). |
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(2) | In the Table in section 175(3) of that Act (transitional provision relating to |
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offences), omit the entries relating to section 136. |
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(3) | In paragraph 1(1) of Schedule 2 to the Noise and Statutory Nuisance Act 1993 |
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(c. 40) (which is about consents for the operation of loudspeakers), omit “or of |
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section 137(1) of the Serious Organised Crime and Police Act 2005”. |
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(4) | Omit paragraph 64 of Schedule 6 to the Serious Crime Act 2007 (c. 27). |
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Independent role for Attorney General and Solicitor General |
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2 | Ending of political role |
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(1) | Any holder of the office of Attorney General or Solicitor General is disqualified |
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(a) | membership of the House of Commons, and |
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(b) | membership of the House of Lords. |
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(2) | Amend the House of Commons Disqualification Act 1975 (c. 24) as follows— |
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(a) | in Part III of Schedule 1 (disqualifying offices), insert at the appropriate |
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(b) | in Schedule 2 (which lists the Ministerial offices subject to the |
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maximum specified in section 2 of that Act), omit the following |
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(3) | In Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (c. 27) |
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(salaries of the Law Officers), omit the following entries— |
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3 | Duty to act independently and in the public interest |
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The Attorney General must have adequate arrangements for ensuring that the |
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functions of the office of Attorney General— |
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(a) | are discharged independently (in particular, of any Minister of the |
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Crown or government department), and |
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(b) | are discharged in the public interest and in accordance with the existing |
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constitutional principle of the rule of law. |
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(1) | This section applies where— |
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(a) | the Attorney General has given legal advice to a Minister of the Crown |
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in relation to any matter, and |
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(b) | in tabling a motion to consider any question on that matter for |
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resolution by one or both Houses of Parliament, the Minister has had |
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regard to some or all of that legal advice. |
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(2) | As soon as is practicable after the motion is tabled, the Minister of the Crown |
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must publish the Attorney General’s legal advice in such manner as the |
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Minister considers appropriate. |
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(3) | Nothing in subsection (2) requires the publication of any information that |
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relates to any communications between Ministers of the Crown that were |
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made for, or in connection with, the obtaining of legal advice from the Attorney |
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General about the matter in question. |
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Ground rules of Attorney’s superintendence of Directors |
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5 | Ban on directions in individual cases |
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(1) | The Attorney General’s function of superintendence of the Directors does not |
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include power to give direction in relation to an individual case. |
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(2) | Subsection (1) is subject to section 15 (duty to intervene to safeguard national |
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(3) | In this section and section 6 “the Directors” means— |
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(a) | the Director of Public Prosecutions (see section 7), |
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(b) | the Director of the Serious Fraud Office (see section 8), and |
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(c) | the Director of Revenue and Customs Prosecutions (see section 9). |
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(4) | Nothing in subsection (1) affects the operation of any enactment or provision |
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of subordinate legislation under which the Attorney General has a prosecution |
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“prosecution consent function” has the meaning given in section 10(1); |
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“subordinate legislation” has the same meaning as in the Interpretation |
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6 | Protocol for running of prosecution services |
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(1) | The Attorney General— |
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(a) | must in consultation with the Directors issue a statement (a “protocol”) |
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of how the Attorney General and the Directors are to exercise their |
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functions in relation to each other, and |
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(b) | must from time to time review the protocol and may in consultation |
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with the Directors modify or replace it. |
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(2) | The protocol may in particular include provision as to— |
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(a) | the general responsibilities of the Attorney General and each of the |
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(b) | the arrangements for ensuring that the Attorney General is properly |
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advised on matters relating to the strategic direction of the prosecution |
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services and on matters affecting more than one prosecution service; |
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(c) | the circumstances in which the Attorney General is to be consulted or |
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provided with information; |
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(d) | the objectives of the prosecution services; |
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(e) | the way in which the objectives are set and the means by which their |
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achievement or otherwise is reviewed; |
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(f) | the way in which matters relating to the accountability of the Attorney |
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General to Parliament for prosecution services are to be handled; |
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(g) | the role of the Attorney General and the Directors in relation to dealing |
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with representatives of the press and other media; |
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(h) | procedures for dealing with complaints relating to the prosecution |
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(3) | The protocol and any modification of it may not be issued unless it has been |
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laid in draft before Parliament and approved by a resolution of each House. |
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(4) | The Attorney General and the Directors must have regard to any relevant |
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provision of the protocol when carrying out their functions. |
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(5) | “The prosecution services” means the Crown Prosecution Service, the Serious |
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Fraud Office and the Revenue and Customs Prosecutions Office. |
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New provisions about tenure of office of the Directors |
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7 | Director of Public Prosecutions |
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(1) | The Director of Public Prosecutions— |
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(a) | is appointed by the Attorney General, and |
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(b) | subject to what follows, holds office in accordance with the terms of the |
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(2) | The Director must have a 10 year general qualification, within the meaning of |
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section 71 of the Courts and Legal Services Act 1990 (c. 41). |
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(3) | Service as the Director is service in the civil service of the State. |
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(4) | There is to be paid to the Director such remuneration as the Attorney General |
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may, with the approval of the Minister for the Civil Service, determine. |
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(5) | Any appointment under subsection (1) must be for a term of 5 years and may |
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(6) | The Director may at any time resign by notice in writing to the Attorney |
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(7) | The Attorney General may remove the Director from office only if satisfied that |
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the Director in unable, unfit or unwilling to carry out the functions of the office. |
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(8) | The factors which the Attorney General may take into account in determining |
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whether the Director is unfit to carry out the functions of the office include, in |
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(a) | failure by the Director to comply with section 6(4) (duty to have regard |
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to relevant provisions of the protocol), and |
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(b) | failure by the Director to perform the functions of the office efficiently |
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8 | Director of the Serious Fraud Office |
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(1) | The Director of the Serious Fraud Office— |
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(a) | is appointed by the Attorney General, and |
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(b) | subject to what follows, holds office in accordance with the terms of the |
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(2) | Service as the Director is service in the civil service of the State. |
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(3) | There is to be paid to the Director such remuneration as the Attorney General |
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may, with the approval of the Minister for the Civil Service, determine. |
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(4) | Any appointment under subsection (1) must be for a term of 5 years and may |
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(5) | The Director may at any time resign by notice in writing to the Attorney |
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(6) | The Attorney General may remove the Director from office only if satisfied that |
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the Director is unable, unfit or unwilling to carry out the functions of the office. |
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(7) | The factors which the Attorney General may take into account in determining |
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whether the Director is unfit to carry out the functions of the office include, in |
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(a) | failure by the Director to comply with section 6(4) (duty to have regard |
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to relevant provisions of the protocol), and |
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(b) | failure by the Director to perform the functions of the office efficiently |
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9 | Director of Revenue and Customs Prosecutions |
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(1) | The Director of Revenue and Customs Prosecutions— |
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(a) | is appointed by the Attorney General, and |
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(b) | subject to what follows, holds office in accordance with the terms of the |
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(2) | The Director must have a 10 year general qualification, within the meaning of |
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section 71 of the Courts and Legal Services Act 1990 (c. 41). |
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(3) | Service as the Director is service in the civil service of the State. |
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(4) | There is to be paid to the Director such remuneration as the Attorney General |
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may, with the approval of the Minister for the Civil Service, determine. |
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(5) | Any appointment under subsection (1) must be for a term of 5 years and may |
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(6) | The Director may at any time resign by notice in writing to the Attorney |
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(7) | The Attorney General may remove the Director from office only if satisfied that |
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the Director is unable, unfit or unwilling to carry out the functions of the office. |
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(8) | The factors which the Attorney General may take into account in determining |
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whether the Director is unfit to carry out the functions of the office include, in |
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(a) | failure by the Director to comply with section 6(4) (duty to have regard |
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to relevant provisions of the protocol), and |
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(b) | failure by the Director to perform the functions of the office efficiently |
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Attenuation of Attorney’s prosecution consent functions |
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10 | Meaning of “prosecution consent function” and “the Directors” |
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(1) | For the purposes of this Part, the Attorney General has a prosecution consent |
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function under an enactment if under that enactment— |
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(a) | proceedings for an offence may not be instituted except by, or with the |
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consent of, the Attorney General (or by, or with the consent of, the |
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Attorney General or one or more other persons), or |
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(b) | the Attorney General (or the Attorney General or one or more other |
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persons) has a function of giving a consent to the taking of any other |
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step in connection with proceedings for an offence. |
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(2) | In subsection (1)(a) and (b), “offence” includes a service offence as defined by |
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section 50 of the Armed Forces Act 2006 (c. 52). |
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(3) | In sections 11 and 12 “the Directors” has the same meaning as in sections 5 and |
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6, except that it also includes the Director of Service Prosecutions. |
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11 | Power to end other prosecution functions of the Attorney |
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(1) | The Attorney General may by order amend any existing enactment or existing |
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provision of subordinate legislation under which the Attorney General has a |
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prosecution consent function. |
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(2) | An order under this section may, in particular, make provision under which |
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the Attorney General’s prosecution consent function— |
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(a) | becomes the function of one of the Directors or, in the absence of that |
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Director, a person authorised by that Director; |
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(b) | becomes the function of one of the Directors but is a function to which |
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the relevant delegation provision applies; |
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(3) | An order under this section may make consequential, incidental, |
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supplementary, transitional or saving provision. |
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(4) | The power to make an order under this section is exercisable by statutory |
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(5) | No order may be made under this section unless it has been laid in draft before |
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Parliament and approved by a resolution of each House. |
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12 | Effect of provisions conferring functions on the Director or authorised person |
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(1) | This section applies in relation to any enactment or provision or subordinate |
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legislation under which a function is that of one of the Directors or, in the |
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absence of that Director, a person authorised by the Director. |
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(2) | The relevant delegation provision does not apply to the function. |
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(3) | The Director’s authorisation— |
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(a) | may relate to a specified person or to persons of a specified description, |
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(b) | may be general or relate to a specified function or specified |
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13 | Sections 11 and 12: minor definitions |
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(1) | In sections 11(2)(b) and 12(2) “the relevant delegation provision” means— |
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(a) | in relation to the Director of Public Prosecutions, section 1(7) of the |
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Prosecution of Offences Act 1985 (c. 23); |
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(b) | in relation to the Director of the Serious Fraud Office, section 1(8A) of |
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the Criminal Justice Act 1987 (c. 38); |
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(c) | in relation to the Director of Revenue and Customs Prosecutions, |
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section 37(4) of the Commissioners for Revenue and Customs Act 2005 |
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(d) | in relation to the Director of Service Prosecutions, section 365(4A) of the |
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Armed Forces Act 2006 (c. 52). |
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“existing enactment” means an enactment contained in an Act passed on |
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or before the last day of the Session in which this Act is passed; |
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“existing provision of subordinate legislation” means a provision of |
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subordinate legislation made on or before that day; |
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“amend” includes repeal or revoke. |
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(3) | In sections 11 and 12 and this section “subordinate legislation” has the same |
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meaning as in the Interpretation Act 1978 (c. 30). |
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Powers of intervention in relation to proceedings and investigations |
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14 | Abolition of nolle prosequi |
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The power of the Attorney General to enter a nolle prosequi is abolished in |
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relation to proceedings in England and Wales. |
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15 | Duty to intervene on ministerial certificate concerning national security |
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(1) | This section applies where the Attorney General receives a certificate signed by |
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a Minister of the Crown stating that the Minister is satisfied that— |
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(a) | the carrying out of an investigation of specified matters, or |
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(b) | the institution or continuation of proceedings for a specified offence, |
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| is likely to prejudice national security. |
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(2) | The Attorney General must give such of the following directions as appear to |
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the Attorney General to be necessary for the purpose of avoiding the prejudice |
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to national security referred to in the certificate— |
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(a) | a direction to the Director of the Serious Fraud Office that no |
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investigation of specified matters is to take place in England and Wales; |
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(b) | a direction to any prosecutor, in relation to an investigation of specified |
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matters, that no proceedings for an offence are to be instituted in |
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England and Wales in respect of those matters; |
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(c) | a direction to any prosecutor that proceedings for a specified offence |
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which are being conducted in England and Wales against a specified |
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person are not to be continued. |
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(3) | The Attorney General must withdraw any direction given under subsection (2) |
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if directed to do so by a Minister of the Crown. |
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“offence” includes a service offence as defined by section 50 of the Armed |
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“prosecutor”, in relation to an offence, means any person who— |
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(a) | has the conduct of proceedings for the offence, or |
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(b) | has the function of or is determining whether proceedings for |
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the offence should be instituted; |
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