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Session 2000-01
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Amendments to the International Criminal Court Bill [H.L.]

International Criminal Court Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the International Criminal Court Bill [H.L.] to be moved in Committee in the House of Lords.

  
Clause 23
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
     Page 13, line 12, at end insert--
 
    ("(4A)  The power conferred by section 1 of the United Nations Act 1946 (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any proceedings such provision corresponding to the provision made by this section in relation to the proceedings, but with the omission--
    (a)  in subsection (1), of the words "by reason of a connection with a state party to the ICC Statute", and
    (b)  of subsections (2) and (3),
as appears to Her Majesty to be necessary or expedient in consequence of such a referral as is mentioned in article 13(b) (referral by the United Nations Security Council).")
 
  
Clause 32
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
     Page 16, line 24, at end insert--
 
    ("(1A)  Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.")
 
     Page 16, line 25, leave out ("Secretary of State") and insert ("relevant Minister") 
     Page 16, line 27, leave out ("Secretary of State") and insert ("relevant Minister") 
     Page 16, line 38, at end insert--
    ("(  ) a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 applies,")
 
     Page 16, leave out lines 41 and 42 and insert--
    ("(ba)  a person detained in custody otherwise than in pursuance of a sentence, including in particular--
          (i)  a person in custody awaiting trial or sentence,
          (ii)  a person committed to prison for contempt or for default in paying a fine,
          (iii)  a person in custody in connection with proceedings to which Part II or III of Schedule 2 applies (extradition or other delivery proceedings),
          (iv)  a person detained under any provision of the Immigration Act 1971.
    (5A)  For the purposes of the Immigration Acts (within the meaning of the Immigration and Asylum Act 1999) a person detained under any provision of the Immigration Act 1971 is not to be regarded as having left the United Kingdom at any time when a transfer warrant is in force in respect of him (including any time when he is in the custody of the ICC).")
 
     Page 16, line 42, at end insert--
 
    ("(6)  In this section, "the relevant Minister" means--
    (a)  in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State;
    (b)  in relation to a person detained in Scotland, the Scottish Ministers.")
 
  
Clause 70
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
     Page 33, line 36, at end insert ("any Part V offence.
 
    (2A)  Part V offence" means--")
 
     Page 33, line 42, leave out subsection (3) and insert--
 
    ("(2B)  For the purposes of Schedule 1 to the 1989 Act, conduct, wherever committed, which constitutes--
    (a)  a Part V offence, and
    (b)  an offence against the law of any state in relation to which that Schedule has effect,
shall be deemed to be an offence committed within the jurisdiction of that state.
 
    (2C)  If any conduct would constitute a Part V offence if committed in the United Kingdom then, notwithstanding that it does not constitute such an offence--
    (a)  a person whose surrender is sought in respect of that conduct may be surrendered by the United Kingdom in pursuance of an Order in Council to which subsection (2) applies, and
    (b)  subsection (2B) applies to the conduct as if it constituted a Part V offence.")
 
  
Clause 76
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
     Page 37, line 20, leave out ("and (3)") and insert (", (3) and (4A)") 
  
Clause 78
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
     Page 37, line 41, after ("except") insert ("section 32 (transfer of prisoner to give evidence or assist in investigation) and") 
  
Schedule 6
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
     Page 55, line 45, after ("order") insert (", or an order having the like effect in Scotland,") 
     Page 56, line 35, after ("order") insert (", or an order having the like effect in Scotland,") 
     Page 57, line 30, after ("order") insert (", or an order having the like effect in Scotland,") 
     Page 58, line 16, after ("order") insert (", or an order having the like effect in Scotland,") 
 
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