Joint Committee on Statutory Instruments Fifteenth Report


APPENDIX 3

Memorandum from HM Treasury

FINANCIAL SERVICES AND MARKETS ACT 2000 (SAVINGS, MODIFICATIONS AND CONSEQUENTIAL PROVISIONS) (REHABILITATION OF OFFENDERS) (SCOTLAND) ORDER 2001 (S.I. 2001/3640)

1 This memorandum responds to the Committee's request for a memorandum on the following point:

Section 95(2) of the Banking Act 1987, as substituted by article 2(2), provides that "Nothing in section 4(1) ¼ shall prevent the determination in any proceeding (including proceedings on appeal to any court) arising out of any relevant decision of the Authority, ¼". Explain the meaning of this phrase and what, if any, additional words should have been included.

2 Some words have been accidentally omitted from the substituted text of section 95(2). This should have read:

"Nothing in section 4(1) ¼ shall prevent the determination in any proceedings (including proceedings on appeal to any court) arising out of any relevant decision of the Authority of any issue, or prevent the admission or requirement in any such proceedings of any evidence, relating to a person's previous convictions for any such offence as is mentioned in subsection (1) or the circumstances ancillary thereto."

3 The effect of the correct version is (to paraphrase) that where proceedings are brought as a result of a relevant decision of the Authority, section 4(1) does not prevent:

(a) the determination in those proceedings of any issue relating to a person's previous convictions for an offence mentioned in subsection (1); or

(b) the admission or requirement in those proceedings of evidence relating to such convictions.

4 The Treasury will ensure that the mistake is corrected by an amending instrument in the near future.

17 December 2001


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2002
Prepared 29 January 2002