Amendments proposed to the Proceeds of Crime Bill, As Amended - continued House of Commons

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Mr Secretary Blunkett

91

Page     192,     line     18     [Clause     329],     leave out 'for' and insert 'by'.

   

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

176

Page     192,     line     18     [Clause     329],     leave out from 'provision' to end of line 19 and insert 'of goods or services provided by a person who knows or suspects that they may help another to carry out criminal conduct is not consideration'.

   

Mr Secretary Blunkett

92

Page     192,     line     18     [Clause     329],     leave out 'help him' and insert 'he knows or suspects may help another'.

   

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

71

Page     192,     line     24     [Clause     330],     leave out from 'suspects' to end of line 25.

   

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

177

Page     192,     line     26     [Clause     330],     leave out 'is engaged in money laundering' and insert 'has carried out or intends to carry out one or more transactions for the purposes of money laundering'.

   

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

72

Page     192,     line     28     [Clause     330],     leave out from 'based' to end of line 29.

   

Mr Secretary Blunkett

93

Page     192,     line     38     [Clause     330],     at end insert—

      '(c) subsection (5A) applies to him.

    (5A)   This subsection applies to a person if—

      (a) he does not know or suspect that another person is engaged in money laundering, and

      (b) he has not been provided by his employer with such training as is specified by the Secretary of State by order for the purposes of this section.'.


   

Mr Secretary Blunkett

94

Page     193,     line     16     [Clause     330],     leave out 'a view to' and insert 'the intention of'.


   

Mr Secretary Blunkett

95

Page     193,     line     42     [Clause     331],     leave out 'a view to' and insert 'the intention of'.


   

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

175

Page     194,     line     11     [Clause     332],     at end insert—

    '(3)   A person guilty of an offence under section [negligent failure to disclose: regulated sector] shall be liable to a fine not exceeding level 5 on the standard scale.'.

   

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

168

Page     194,     line     21     [Clause     333],     leave out 'or suspecting' and insert ', suspecting or inferring'.

   

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

169

Page     194,     line     22     [Clause     333],     at end insert 'or is information further to, supportive of or relating to this information'.

   

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

170

Page     194,     line     24     [Clause     333],     leave out from 'officer' to end of line 25.


NEW CLAUSES RELATING TO PART 8

Code of practice

   

Mr Secretary Blunkett

NC4

To move the following Clause:—

    '(1)   The Secretary of State must prepare a code of practice as to the exercise by the Director and appropriate officers of functions they have under this Chapter.

    (2)   After preparing a draft of the code the Secretary of State—

      (a) must publish the draft;

      (b) must consider any representations made to him about the draft;

      (c) may amend the draft accordingly.

    (3)   After the Secretary of State has proceeded under subsection (2) he must lay the code before Parliament.

    (4)   When he has done so the Secretary of State may bring the code into operation on such day as he may appoint by order.

    (5)   The Director must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

    (6)   An appropriate officer must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

    (7)   If the Director or an appropriate officer fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.

    (8)   But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

    (9)   The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

    (10)   The following provisions do not apply to an appropriate officer in the exercise of any function he has under this Chapter—

      (a) section 67(9) of the Police and Criminal Evidence Act 1984 (c. 60) (application of codes of practice under that Act to persons other than police officers);

      (b) Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (which makes similar provision for Northern Ireland).'.


Code of Practice (No. 2)
   

Mrs Secretary Liddell

NC12

To move the following Clause:—

    '(1)   The Scottish Ministers must prepare a code of practice as to the exercise by proper persons of functions they have under this Chapter.

    (2)   After preparing a draft of the code the Scottish Ministers—

      (a) must publish the draft;

      (b) must consider any representations made to them about the draft;

      (c) may amend the draft accordingly.

    (3)   After the Scottish Ministers have proceeded under subsection (2) they must lay the code before the Scottish Parliament.

    (4)   When they have done so, the Scottish Ministers may bring the code into operation on such day as they may appoint by order.

    (5)   A proper person must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

    (6)   If a proper person fails to comply with any provision of a code of practice issued under this section he is not by reason only of that failure liable in any criminal or civil proceedings.

    (7)   But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any questions in the proceedings.

    (8)   The Scottish Ministers may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.'.


Performance of functions of Scottish Ministers by constables in Scotland (No. 2)

   

Mrs Secretary Liddell

NC14

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) section 373(1) (production orders),

          (b) section 375(2) (entry orders),

          (c) section 379(4) (supplementary to production and entry orders),

          (d) section 380(1) (search warrants),

          (e) section 384(1) (disclosure orders),

          (f) section 389(4) (supplementary to disclosure orders),

          (g) section 390(1) (customer information orders),

          (h) section 396(4) (supplementary to customer information orders),

          (i) section 397(1) (account monitoring orders),

          (j) section 401(4) (supplementary to account monitoring orders).'.


Investigations: anonymity of Agency staff and others
   

Mr Michael Mates
Mr Harry Barnes
The Reverend Martin Smyth
Mr Peter Robinson
Mr Adrian Bailey
Mr Roy Beggs

NC8

To move the following Clause:—

    '(1)   Where the Director is satisfied that there is good reason to believe that the conduct of an investigation or the safety of a nominated officer might be prejudiced if the identity of that officer were known, he may determine that the nominated officer shall have the benefit of anonymity.

    (2)   For the purposes of this section, a nominated officer is—

      (a) a member of staff of the Agency, or

      (b) an accredited financial investigator.

    (3)   Where, apart from this section, a nominated officer may be required for the purpose of exercising his functions in the conduct of an investigation to produce or show any written authority or otherwise to identify himself, a nominated officer with benefit of anonymity shall—

      (a) not be required to produce or show any such authority or to so identify himself for the purpose of exercising his functions, and

      (b) be accompanied by a constable who shall, on request by a person affected, identify himself as a constable and state that he is accompanied by a nominated officer.

    (4)   Where a nominated officer with benefit of anonymity exercises his functions in the conduct of an investigation in writing, such function shall be exercised in the name of the Agency and not in the name of the nominated officer with benefit of anonymity.

    (5)   Any document relating to proceedings arising out of an investigation where a nominated officer had benefit of anonymity shall not reveal the identity or address of a nominated officer with benefit of anonymity.

    (6)   For the purposes of this section, "investigation" means any investigation specified in section 336 other than a money laundering investigation.'.

 
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Prepared 26 Feb 2002