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NOTICES OF AMENDMENTS

given up to and including

Friday 22nd February 2002


CONSIDERATION OF BILL

PROCEEDS OF CRIME, AS AMENDED


NOTE

The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Blunkett.

Mr Secretary Blunkett To move, That the order in which proceedings on consideration of the Proceeds of Crime Bill, as amended, are to be taken shall be: new Clauses relating to Part 1, amendments relating to Clause 1, Schedule 1 and Clauses 2 to 5; new Clauses relating to Part 2, Part 3, and Part 4; amendments relating to Clauses 6 to 141, Schedule 2 and Clauses 142 to 248; new Clauses relating to Part 5, amendments relating to Clauses 249 to 256, Schedule 3, Clauses 257 to 272, Schedule 4 and Clauses 273 to 316; new Clauses relating to Part 6; amendments relating to Clauses 317 to 325, Schedule 5 and Clause 326; new Clauses relating to Part 7; amendments relating to Clauses 327 to 330, Schedule 6 and Clauses 331 to 335; new Clauses relating to Part 8; amendments relating to Clauses 336 to 407; new Clauses relating to Part 9; amendments relating to Clauses 408 to 425; new Clauses relating to Part 10; amendments relating to Clauses 426 to 433; new Clauses relating to Part 11; amendments relating to Clauses 434 to 439, Schedule 7, Clauses 440 to 444, Schedule 8, Clause 445, Schedule 9 and Clauses 446 to 450; remaining new Clauses; new Schedules.


   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

203

Page     1,     line     6     [Clause     1],     after 'State', insert 'after consultation with the Scottish Ministers'.


   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

221

Page     260,     line     5     [Schedule     1],     at end insert 'after consultation with the Scottish Ministers'.

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

222

Page     260,     line     10     [Schedule     1],     after 'time', insert 'after consultation with the Scottish Ministers'.

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

223

Page     260,     line     13     [Schedule     1],     at end insert 'and the Scottish Ministers'.

   

Mr Secretary Blunkett

77

Page     260,     line     23     [Schedule     1],     leave out 'a senior official' and insert 'an assistant to the Director'.

   

Mr Secretary Blunkett

78

Page     260,     line     24     [Schedule     1],     at end insert—

    '(2) But the Director must not appoint a person under sub-paragraph (1)(b) unless he first consults the Secretary of State.'.


   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

224

Page     261,     line     16     [Schedule     1],     after 'State', insert 'and the Scottish Ministers'.

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

225

Page     261,     line     18     [Schedule     1],     at end insert 'and the Scottish Parliament.'.

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

226

Page     261,     line     24     [Schedule     1],     at end insert 'and in Scotland.'.

   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

174

Page     261,     line     32     [Schedule     1],     at end insert—

    '(3A)   For the purposes of sub-paragraph (3), there shall be no more than 10 performance targets for any financial year and those targets shall relate specifically to the functions of the Agency.'.


   

Norman Baker
Mr Alistair Carmichael
Annette Brooke
Mr Alex Salmond
Mr Elfyn Llwyd
Pete Wishart

227

Page     262,     line     11     [Schedule     1],     at end insert—

    '(4)   The Director must send a copy of each report to the Scottish Ministers who must—

      (a) lay a copy before the Scottish Parliament; and

      (b) arrange for it to be published.'.

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke

228

Page     262,     line     20     [Schedule     1],     at end insert—

    '11A   In section 15 of the Scotland Act 1998 (disqualification from membership of the Parliament) insert in subsection (1)—

      "(aa) he is the Director of the Assets Recovery Agency";

    11B   In section 12 of the Government of Wales Act 1998 (disqualification from being an Assembly member), insert in subsection (1)—

          "(e) he is the Director of the Assets Recovery Agency".'.


   

Mr Secretary Blunkett

79

Page     3,     line     4     [Clause     4],     leave out from 'offences' to end of line 5.

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke

196

Page     3,     line     6     [Clause     4],     at end insert—

    '(1A)   Such co-operation shall take place in accordance with the provisions of other enactments.'.


NEW CLAUSES RELATING TO PART 2

Disposal of family home: England and Wales
   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

NC2

To move the following Clause:—

    '(1)   This section applies where a confiscation order has been made in relation to any person and the prosecutor or the Director (as the case may be) has not satisfied the court that the person's interest in his family home has been acquired as a benefit from his criminal conduct.

    (2)   Where this section applies, then, before the receiver disposes of any right or interest in the person's family home he shall—

      (a) obtain the relevant consent; or

      (b) where he is unable to do so, apply to the court for authority to carry out the disposal.

    (3)   On an application being made to it under subsection (2)(b), the court, after having regard to all the circumstances of the case including—

      (a) the needs and financial resources of the spouse or former spouse of the person concerned;

      (b) the needs and financial resources of any child of the family;

      (c) the length of the period during which the family home has been used as a residence by any of the persons referred to in paragraph (a) or (b),

       may refuse to grant the application or may postpone the granting of the application for such period (not exceeding 12 months) as it may consider reasonable in the circumstances or may grant the application subject to such conditions as it may prescribe.

    (4)   Subsection (3) shall apply to an action for the purpose of obtaining vacant possession of that home in order to dispose of it brought by the receiver as it applies to an application under subsection (2)(b) and, for the purposes of this subsection, any reference in subsection (3) to the granting of the application shall be construed as a reference to the granting of the relief sought in the action.

    (5)   In this section—

       "family home", in relation to any person (in this subsection referred to as "the relevant person") means any property in which the relevant person has or had (whether alone or in common with any other person) a right or interest, being property which is occupied as a residence by the relevant person and his or her spouse or by the relevant person's spouse or former spouse (in any case with or without a child of the family) or by the relevant person with a child of the family;

       "child of the family" includes any child or grandchild of either the relevant person or his or her spouse or former spouse, and any person who has been treated by either the relevant person or his or her spouse or former spouse as if he or she were a child of the relevant person, spouse or former spouse, whatever the age of such a child, grandchild or person may be; and

       "relevant consent" means in relation to the disposal of any right or interest in a family home—

      (a) in a case where the family home is occupied by the spouse or former spouse of the relevant person, the consent of the spouse or, as the case may be, of the former spouse, whether or not the family home is also occupied by the relevant person;

      (b) where paragraph (a) does not apply, in a case where the family home is occupied by the relevant person with a child of the family, the consent of the relevant person.'.


Provisions for property acquired prior to the relevant day

   

Norman Baker
Mr Alistair Carmichael
Annette Brooke

NC11

To move the following Clause:—

    '(1)   This section shall apply in relation to any property held by the defendant after the date of his conviction which was transferred to him before the relevant day as defined in section 11(8).

    (2)   In deciding whether property falling within subsection (1) was a benefit of the defendant's criminal conduct the court shall not apply the assumption in section 11(3) and shall determine the matter according to whether it is satisfied so that it is sure.'.


NEW CLAUSE RELATING TO PART 3

Performance of functions of Scottish Ministers by constables in Scotland

   

Mrs Secretary Liddell

NC13

To move the following Clause:—

    '(1)   In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in subsection (2), on behalf of the Scottish Ministers.

    (2)   The specified functions are the functions conferred on the Scottish Ministers by—

      (a) sections 253(1) and (2) and 263(1) and (7) (proceedings in the Court of Session),

      (b) section 272(2) (trustee for civil recovery),

      (c) sections 275(3) and (4) and 276(5) (agreements about associated and joint property),

      (d) section 279(2) (pension schemes),

      (e) section 286(1) and (2) (exemptions)

      (f) section 287(5) and (7) (compensation),

      (g) section 290(2) (financial threshold),

      (h) section 296(1) (code of practice),

      (i) section 301(1) (forfeiture),

      (j) section 306(1) (minimum amount).'.

 
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Prepared 22 Feb 2002