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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    74

 

              (b)             in sub-paragraph (4)(b)(i), after “1988” there is inserted “, or under a

provision of Northern Ireland law corresponding to that section,”.

  52       In paragraph 10(a)—

              (a)             for “paragraph 5(1)” there is substituted “paragraph 5 (or a person’s

Northern Ireland test certificate has been revoked under a provision

5

of Northern Ireland law corresponding to paragraph 5(1))”,

              (b)             for “paragraph 8(1)” there is substituted “paragraph 8 (or a person’s

Northern Ireland licence and Northern Ireland test certificate have

been revoked under a provision of Northern Ireland law

corresponding to paragraph 8(1))”.

10

  53       In paragraph 11—

              (a)             in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and

“paragraph 8(1)” there is substituted “paragraph 5” and “paragraph

8” respectively,

              (b)             in sub-paragraph (1)(d), after “section 2” there is inserted “or (as the

15

case may be) the provision of Northern Ireland law corresponding to

that section”.

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

  54       The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as

follows.

20

  55       In section 28 (powers of investigation)—

              (a)             in subsection (8), for the words from “by the” to the end there is

substituted “by virtue of section 27(2) of this Act shall be given to the

overseas authority which requested it or to the Lord Advocate for

forwarding to that authority”,

25

              (b)             subsection (9) is omitted,

              (c)             in subsection (10), for “transmitted” (in both places) there is

substituted “forwarded”.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

  56       The Criminal Procedure (Scotland) Act 1995 is amended as follows.

30

  57       In section 210(1)(c) (consideration, in passing sentence of imprisonment or

detention, of time spent in custody), at the end there is inserted “so however

that a period of time spent both in custody on remand and, by virtue of

section 47(1) of the Crime (International Co-operation) Act 2003, abroad is

not for any reason to be discounted in a determination under paragraph (a)

35

above or specification under paragraph (b) above”.

The United Nations Personnel Act 1997 (c. 13)

  58       The United Nations Personnel Act 1997 is amended as follows.

  59       In section 5 (supplementary provisions), in subsections (1) and (2), for “and

the Nuclear Material (Offences) Act 1983” there is substituted “, the Nuclear

40

Material (Offences) Act 1983 and the Terrorism Act 2000”.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    75

 

The Data Protection Act 1998 (c. 29)

  60       The Data Protection Act 1998 is amended as follows.

  61       In section 28(1) (national security), for “section” there is substituted “sections

54A and”.

  62       In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12”

5

there is inserted “section 54A and”.

  63       In section 63(5) (application to the Crown), for “section” there is substituted

“sections 54A and”.

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

  64       The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

10

  65       In section 146 (driving disqualification for any offence)—

              (a)             in subsection (4), the “or” at the end of paragraph (a) is omitted and

after that paragraph there is inserted—

                           “(aa)                             in the case where he holds a Northern Ireland licence

(within the meaning of Part 3 of the Road Traffic Act

15

1988), his Northern Ireland licence and its counterpart

(if any); or”,

              (b)             in subsection (5), in the definition of “counterpart”, the “and” at the

end of paragraph (a) is omitted and after that paragraph there is

inserted—

20

                             “(aa)                               in relation to a Northern Ireland licence, has the

meaning given by section 109A of that Act; and”.

  66       In section 147 (driving disqualification where vehicle used for purposes of

crime), in subsection (5), the “or” at the end of paragraph (a) is omitted and

after that paragraph there is inserted—

25

                    “(aa)                      in the case where he holds a Northern Ireland licence (within

the meaning of Part 3 of the Road Traffic Act 1988), his

Northern Ireland licence and its counterpart (if any); or”.

The Terrorism Act 2000 (c. 11)

  67       The Terrorism Act 2000 is amended as follows.

30

  68       In section 121 (interpretation), in the definition of “premises”, before

“includes” (in the first place) there is inserted “, except in section 63D,”.

  69       In section 123 (orders and regulations), in subsection (2), after paragraph (b)

there is inserted—

                    “(ba)                      section 63C(3)(d);”.

35

The Regulation of Investigatory Powers Act 2000 (c. 23)

  70       The Regulation of Investigatory Powers Act 2000 is amended as follows.

  71       In section 65 (investigatory powers tribunal)—

              (a)             in subsection (5)—

                    (i)                   after paragraph (c) there is inserted—

40

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Repeals

    76

 

                                 “(ca)                                   the carrying out of surveillance by a foreign

police or customs officer (within the meaning

of section 76A);”,

                    (ii)                  in paragraph (d), at the beginning there is inserted “other”,

              (b)             after subsection (7), there is inserted—

5

                    “(7A)                      For the purposes of this section conduct also takes place in

challengeable circumstances if it takes place, or purports to

take place, under section 76A.”

  72       In section 78 (orders, regulations and rules), in subsection (3)(a), for “or

71(9)” there is substituted “, 71(9) or 76A(8)”.

10

The Proceeds of Crime Act 2002 (c. 29)

  73       The Proceeds of Crime Act 2002 is amended as follows.

  74       In section 376 (evidence overseas)—

              (a)             subsection (5) is omitted,

              (b)             in subsection (6), for the words preceding paragraph (a) there is

15

substituted “The person issuing a letter of request may send it”,

              (c)             for subsection (7) there is substituted—

                    “(7)                      Alternatively, the person issuing the letter of request may

send it to the Secretary of State for forwarding to the court,

tribunal or authority mentioned in subsection (6).

20

                    (7A)                      In a case of urgency, the person issuing the letter of request

may send it to—

                           (a)                          the International Criminal Police Organisation, or

                           (b)                          any body or person competent to receive it under any

provisions adopted under the Treaty on European

25

Union,

                                          for forwarding to the court, tribunal or authority mentioned

in subsection (6).”

Schedule 5

Section 90

 

Repeals

30

 

Short title and chapter

Extent of repeal

 
 

Criminal Justice Act 1987 (c. 38)

In section 2—

 
   

  subsection (8B),

 
   

  in subsection (18), the word “(8B)”.

 
   

In section 3(6), the “and” preceding paragraph

 

35

   

(m).

 
 

Road Traffic Act 1988 (c. 52)

In section 108(1), in the definition of

 
   

“counterpart”, the “and” at the end of

 
   

paragraph (a).

 
   

In section 109—

 

40

   

  in subsection (2), paragraph (b) and the “and”

 
   

preceding it,

 
 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Repeals

    77

 
 

Short title and chapter

Extent of repeal

 
 

Road Traffic Act 1988 (c. 52)—

  subsections (3) to (5).

 
 

cont.

   
 

Road Traffic Offenders Act 1988

In Schedule 2, the entry for section 109 of the

 
 

(c. 53)

Road Traffic Act 1988.

 

5

 

Criminal Justice (International

Sections 1 to 4, 7 and 8.

 
 

Co-operation) Act 1990 (c. 5)

Schedule 1.

 
 

Criminal Justice and Public

Section 164(1).

 
 

Order Act 1994 (c. 33)

   
 

Criminal Law (Consolidation)

Section 28(9).

 

10

 

(Scotland) Act 1995 (c. 39)

   
 

Powers of Criminal Courts

In section 146—

 
 

(Sentencing) Act 2000 (c. 6)

  in subsection (4), the “or” at the end of

 
   

paragraph (a),

 
   

  in subsection (5), in the definition of

 

15

   

“counterpart”, the “and” at the end of

 
   

paragraph (a).

 
   

In section 147(5), the “or” at the end of

 
   

paragraph (a).

 
 

Criminal Justice and Police Act

In Schedule 1, paragraph 49.

 

20

 

2001 (c. 16)

   
 

Proceeds of Crime Act 2002 (c.

Section 376(5).

 
 

29)

   
 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Repeals

    78

 

 
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